The Department of Education and Youth has said that while the direct governance of schools is a matter for school boards of management, schools are required to create safe and inclusive environments for students, including trans and non-binary students.
The department was responding to media claims that an Irish Council for Civil Liberties rights guide for trans and non-binary people attributed erroneous information to the department.
The ICCL booklet states that department guidelines say schools "must make every effort to update (a trans or non-binary student's) name and pronoun in relevant systems and documents, and that schools "must use (a student’s) correct name and pronoun in day-to-day interactions".
It then states: "Under the General Data Protection Regulation (GDPR), your school has a legal responsibility to maintain accurate records about you and to rectify inaccurate personal data if requested. The Equal Status Acts 2000-2018 prohibit discrimination on the grounds of gender, which typically covers trans and non-binary people".
The department has said that Bí Cineálta anti-bullying procedures require schools to create an environment where all students experience a sense of belonging and feel safe, connected and supported.
"The procedures have been updated to take account of gender identity bullying, cyberbullying, racist bullying, sexist bullying, and sexual harassment", the department said.
While it states that no 'guidelines’ have been issued as to how schools should address the matter of a trans or non-binary child’s preferred name or pronoun, it says a 'resource' was published in 2016 - Being LGBT in School - to provide guidance to schools as to how best to assist their LGBT students.
This resource advises schools that there is nothing to preclude them from using a student’s preferred name in day-to-day interactions, regardless of the name used officially on the school register. It states that "all decisions should be taken with the welfare of the student as the primary consideration".
The department has said that this resource is currently under independent review by Maynooth University.
It said it intends to publish an updated resource for schools, in line with best practice, once the review is complete.
