The Gazette-Mail sought to ask superintendents of all 55 school systems what their employees would do if a transgender student asked to use bathrooms, locker rooms or overnight accommodations that match their gender identity rather than their birth-assigned sex. Each superintendent's response, or lack of response, is listed below. Enrollment numbers are for the 2015-16 school year; this year's numbers are not available yet.
Superintendent Jeff Woofter said his school system has no written policy on what to do if a transgender student asks to use the bathrooms, locker rooms or overnight accommodations that match their gender identity rather than their birth-assigned sex.
"I don't know, we haven't discussed it," Woofter said when asked if his schools would comply with such a request. "We do not have a written policy addressing the transgender issue in Barbour County, we will comply with all state and federal laws, and that's all I'm going to comment on the issue," Woofter said.
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Bill Smith said "I don't know how to answer that" when asked if his district would deny a transgender student's request to use the accommodations matching their gender identity.
"That's a tough question," Smith said, "and I tell you it's difficult to write policy when the rules are in flux at this point."
But, he said, "no matter what the courts come up with, our stance is we want to do what's best for the child."
"Transgender is not something a child just wakes up and decides, that's usually something from birth," Smith said. He said the transgender population is usually just trying to fit in and "just trying to live life, and not really trying to make a point," and said he hates when school systems become "political footballs."
He said, regarding the transgender bathroom debate, that he sometimes hears concerns about boys trying to look at girls or molest them, but said "that is not what transgender kids are about."
He said his district doesn't have any requests from transgender students to use the accommodations that match their gender identities, but said they'll be handled on a "case-by-case basis."
Superintendent Tim Woodward said that if a transgender student asks to use the bathroom matching their gender identity, he's directing principals to instead offer them private restrooms.
"I hope we don't get to that point where we would have to go to the point of actually denying that," Woodward said. He said a transgender student in his county asked for a private restroom last school year and the district complied.
He said Attorney General Patrick Morrisey's interpretation of the issue and the U.S. Supreme Court's stay indicate the issue isn't settled.
"We have a legal obligation to protect the rights of all children, and my personal feeling is that the interpretation given to us by the Obama administration did not do that, that it did not take into account the right of privacy of every child," Woodward said.
He said nontransgender students may feel uncomfortable sharing bathrooms with transgender students.
Superintendent Kenneth Tanner told students, parents and staff in a May letter that the school system would not follow the federal directive to allow transgender students to use the accommodations that match their gender identity.
"To allow such a thing would be an obvious violation of students' right to privacy, students' moral and ethical beliefs and values, and students' religious beliefs and values," Tanner wrote. "All Clay County Schools principals have been instructed not to allow this in any of our school facilities, and they have all welcomed this instruction."
He said transgender students would be offered private bathrooms if they didn't want to use the restroom that corresponds with their birth-assigned sex.
Superintendent Adam Cheeseman said his district wouldn't let transgender students use the accommodations matching their gender identity, and said he's comfortable with offering them private facilities until "this whole thing gets sorted out."
"The best way to sum it up is we want to accommodate and respect the wishes of all of our students, and we have to look out for the wellbeing of all of them," he said, including transgender and nontransgender kids.
He said that at least since 2012, when he came to the county, he hasn't heard of trasngender student requesting to use a bathroom that matched their gender identity. He said allowing transgender students to use the accommodations that match their gender identity could cause concerns about heterosexual boys using it to look at girls, and when asked if he personally thinks that would be a valid concern, he said "Yes, I would. I have three little girls."
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Doug Lambert didn't say if his district would deny a transgender student's request to use the accommodations matching their gender identity.
"I'll be honest with you, I don't know what we would do, and I think that's a fair answer, this is all new territory for us," Lambert said. He said he believes the school system would legally be allowed to not let that occur, pending further legal interpretation in the court system.
"We are duty-bound to uphold laws, and if indeed this becomes a law - and of course I have to answer to the board - but I'm not one to break law," Lambert says. The federal directive is based upon the Obama administration's legal interpretation of the existing Title IX and past court rulings surrounding it.
Superintendent Jeff Bryant didn't say if his district would deny a transgender student's request to use the accommodations matching their gender identity.
"I can't be put in a corner," Bryant said. "Just basically we work on a case-by-case basis ... Beyond that I really can't provide you with any other commentary."
He declined to say whether transgender students had ever requested to use accommodations matching their gender identity in his county.
He sent the Gazette-Mail two emails, one with his district's written "core belief" that "all students deserve love and our full respect, and all children are entitled to a rigorous education, free from discrimination on the basis of race, color, national origin, sex (including transgender status or gender identity)." The other email included a statement that said, in part, "it is our understanding that the legal issue of whether a transgender student has the right to use a particular restroom facility has not been definitively decided."
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Matthew Dotson said his district would comply with a transgender student's request to use the accommodations matching their gender identity, saying the school system would follow the U.S. 4th Circuit Court of Appeals ruling until there is legal precedent otherwise.
"I don't really take a moral position either way, I'm going to follow whatever the law dictates and the law requires," Dotson said.
Superintendent Mark A. Manchin didn't say if his district would deny a transgender student's request to use the accommodations matching their gender identity.
"I generally don't deal with hypotheticals, I have enough reality," Manchin said. He said such a decision would be made after a lot of thought, with the goal of keeping nontransgender students safe and respecting the rights of transgender students.
He said his district has never allowed nor disallowed transgender students to use the bathrooms that match their gender identities, because they've never had formal requests by them to do so. He said his county has several transgender students, and private restrooms are provided for them.
"Right now it has not been an issue, it is not an issue, and we've been able to address it on an individual basis," Manchin said. He said a written policy would probably "become more controversial than the issues we face."
He said he deals with many issues, like drug abuse and discipline, as superintendent, and having transgender students wasn't an issue "until the federal government felt compelled to send out a letter."
"It's a political agenda, but it is what it is," he said.
Superintendent Blaine Hess said his district would handle the issue "on a case-by-case basis, but certainly look for ways to protect the privacy of all students." Asked if that meant the county would deny a transgender student's request to use accommodations matching their gender identity, he said, "I'll just stick with my previous comment for now."
He said he's not aware of any transgender student making such a request.
Superintendent Bondy Gibson said if a transgender student asked to use the accommodations matching their gender identity, school employees would sit down with the student and parents and have a conversation about the student's needs.
"We get requests from parents daily about some special need that their child has, and we're constantly balancing the needs of the individual against the needs of the entire group, and we do that a dozen times a day around a whole host of issues ... from custody issues to medical issues to safety issues," Gibson said. "To date, we've been successful in sitting down and reaching a compromise that satisfies all parties."
She said her district has been meeting the needs of transgender students for years. "Their community has accepted them and their community has worked with them and they're fine with them," Gibson said.
When the Gazette-Mail pressed on whether transgender students would be denied the right to use the accommodations matching their gender identity, Gibson said: "I'm not going to be drawn into a political discussion of this. My concern is that you are creating these politically charged hypotheticals in an attempt some kind of controversy that does not currently exist."
She said meeting the needs of transgender students was an ethical and moral issue for her, just like meeting the needs of black students and English-language learners. But when asked whether she felt it was the school system's moral obligation to let transgender students use the accommodations that match their gender identity, she said only that "I think school systems have an absolute moral and ethical obligation to make sure every child who walks through their door feels welcomed and supported and cared for, regardless of what their level is need is."
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Jeff Midkiff said, "I don't think I could answer that question right now," when asked if his district would deny a transgender student's request to use the accommodations matching their gender identity.
"We would involve our attorney as well as our local board members in any decisions that we would make," he said. He said he's worked in the county for a dozen years and hasn't heard of a transgender student making such a demand.
"I think we're all just kind of waiting to see how this is going to play out in the court system," he said of himself and other superintendents he's spoken to.
Interim Superintendent Suzette Cook, who started in her position Aug. 9, deferred comment to Assistant Superintendent Darlene Dingess-Adkins, who said the district will follow the federal directive.
"I will assure you that we will follow federal law, we're not going to take a chance losing our funding," Dingess-Adkins said.
Superintendent Gary Price wouldn't say whether his district would deny a transgender student's request to use the accommodations matching their gender identity.
"We have had such a small number of students that made that request that to discuss that could accidentally identify one of them," he said. He said the district would meet individually with the student and their parents and do what's best for the child.
He said community members have been asking the Marion school board since May to pass a policy blocking transgender students from using the accommodations that match their gender identities. He said local school boards don't have the authority to override the federal government, including the Obama administration directive and circuit court rulings, and people concerned about the issue should address federal lawmakers.
"We're going to follow the law," he said. "And the most important thing we're going to do is we're going to remember these are children and treat them as individuals."
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Nelson Spencer said they would look at each situation on an "individual basis," but wouldn't say if that meant some transgender students could be potentially turned away from using restrooms consistent with their gender identity. "I didn't say that," he said. "Please don't put words in my mouth."
He said they have no formal policy on the issue and he wasn't aware of the situation ever coming up.
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Don Spence at first said the district had no policy and he felt uncomfortable commenting as a new superintendent. He then sent a statement, saying "at the current time, it is our understanding that the legal issue of whether a transgender student has the right to use a particular restroom facility has not been definitively decided" - the same phrase in the statement from Greenbrier County's superintendent.
"While the U.S. Supreme Court's stay is in effect, we are not bound by any specific requirements on the issue, aside from prohibiting and addressing any potential harassment or discrimination against students."
He said they weren't aware of any transgender students in the school system.
Superintendent Frank Devono said Monongalia County schools do have transgender students, but no policies that directly address the issue. He said they would follow the joint guidance.
"You're looking for a yes or no," he said. "I don't have a yes or no for you."
Superintendent returned a reporter's call, but didn't return a second call.
Superintendent David Banks said transgender students would be encouraged to see the principal, the principal would call a meeting with parents and the student and the group would decide. He said if a parent did not want a transgender student to use the bathroom consistent with the child's gender identity, it's possible the student could be denied that ability.
Banks said he didn't think the guidance gave adequate information about what to do if parents and their children disagree.
He said they do have transgender students, but those students have not requested to use bathrooms not consistent with the gender on their birth certificates.
Superintendent didn't respond to requests for comment.
Superintendent Kim Miller wouldn't directly say if transgender students at her schools could be denied the ability use restrooms consistent with their gender identity.
"It just has not been something that we have had to immediately face at this time," she said.
But asked whether they school would follow the joint guidance, she said "I think we would have to."
Miller, who has served in Ohio County schools for 24 years, said she didn't know if any transgender students have ever wanted to use the bathroom consistent with their gender identity at any Ohio County schools. She noted that all Ohio County schools do have private, gender-neutral restrooms.
Superintendent returned a reporter's call, but didn't return a second call.
Superintendent didn't respond to requests for comment.
Superintendent didn't respond to requests for comment.
Superintendent Steve Wotring said he would allow transgender students in his county to use restrooms that match their gender identity.
"I don't think we have much of a choice," he said, referring to the Obama administration's joint guidance on the issue.
Wotring noted that the administration's joint guidance still stands, unless the Supreme Court overturns it.
He did say, though, that each situation would be handled on an individual basis. "Every child is different," he said.
Wotring, who has served in Preston County schools for 34 years, did not know of a time the situation had arisen. Preston County has no formal policy on the issue.
Superintendent John Hudson would only say county officials would look at each transgender student situation on a case-by-case basis, and consult guidance from both the federal government and the state.
Putnam County has no written policy. Hudson did not know if the situation has arisen, although he noted he just became Putnam superintendent this summer.
Superintendent didn't respond to requests for comment.
Superintendent Pamela Hewitt would not say whether transgender students in her school district could be denied the ability to use a restroom consistent with their gender identity.
"I don't feel comfortable giving you an answer on that particular question today," she said.
She also would not say whether they planned to comply with the federal guidance.
She said Randolph County schools have served transgender students. She knew of at least one case when the student used a unisex bathroom. She said she didn't know of any cases when the student was permitted to use another restroom than the one that corresponded with the gender on their birth certificate.
Superintendent didn't return requests for comment.
Superintendent returned a reporter's call, but didn't return a second call.
Superintendent Kimberly Rhodes would say only that she would look at requests on a case-by-case basis.
"I don't want to be a trailblazer in this area," she said.
She wouldn't say if some students could be denied the ability to use a the restroom consistent with their gender identity. She said that "we will accommodate every student's needs." She also suggested that a transgender student's request to use a restroom that matches their gender identity could somehow lead to discrimination against a nontransgender student.
"I think it's a very touchy subject and I hate that schools are being put in this situation because we're here to educate not determine what their gender identity is," she said.
When a reporter suggested students would determine their own gender identity, she said, "We hope, right?"
Rhodes, who is a first-year superintendent but has worked for the school system for 10 years, said the issue hadn't previously been brought to the attention of the board. She wasn't aware of any transgender students in the county.
The school district has no current policy on the issue.
Superintendent didn't respond to requests for comment.
Superintendent Eddie Campbell said they would look at individual situations on a case-by-case basis. He would not say whether they would turn away transgender students who want to use restrooms consistent with their identity, although he said "I'm willing to say I think the possibility of it always would exist."
"It's really impossible for me to give a yes or no response," he said. "It's hypothetical."
The school district has no specific policy in place on the issue. Campbell also said the issue has not arisen in Tucker County.
Superintendent Robin Daquilante, asked if she would follow the federal guidance, would only say she would "work to honor everybody's rights."
"I think we would try to work with the person making that request to come up with an acceptable solution that at the same time would not violate someone else's rights to privacy."
She also said she would likely honor the rights of the majority of students versus a lone student.
Daquilante said Tyler County has a couple of transgender students who currently use the restrooms consistent with the gender on their birth certificate. She wasn't aware of requests to use a different bathroom.
"Some of them don't want to draw more attention to themselves," she said.
She said they have no immediate plans for a policy but may eventually have to enact one.
Superintendent Roy Wager first said his county would look at requests on a case-by-case basis, but later said it was school attorneys' view that the district had no choice but to follow federal law, which trumps state law. He noted the government could withhold federal funds otherwise.
Wager said the county hasn't had to deal with the issue. He said they do have one transgender student, but that student and the student's parents asked that the student use a unisex bathroom, and the school district complied.
Superintendent didn't respond to requests for comment.
Superintendent Scott Cochran said he would handle each situation case-by-case. Asked if that could include denying transgender students the ability to use restrooms consistent with their gender identity, he said, "I'm not going to publicly say that."
He said Webster County had not previously dealt with the issue. The county has no formal policy.
Superintendent didn't respond to requests for comment.
Superintendent Mary Jane Pope-Albin told a reporter she would be available at a later time, then did not return the call. She did say, during the brief first phone call, that the school system had a nondiscrimination policy but no policy specific to bathrooms.
Superintendent didn't respond to requests for comment.
Superintendent Deirdre Cline repeatedly said that the school system would meet children's needs, but wouldn't specify what type of request she viewed as "needs." She repeatedly said she would follow the law, but she said only that she would respect the direction of the state Board of Education, without mentioning the federal government. Asked whether any transgender students could be denied the ability to use restrooms consistent with their gender identity, she said, "I don't want to comment on that specifically because it is a case-by-case basis." She wasn't aware of a time the school system had addressed the issue.
- Compiled by Erin Beck and Ryan Quinn