According to the guide produced by Ordo Iuris, titled “When Kate claims to be Tom: Legal aspects of gender pronoun disputes in Polish schools,” teachers should address students according to the gender listed on their birth certificates.
The publication emphasizes that using pronouns consistent with official records is a matter of treating all students equally. The guide also argues that teachers cannot be compelled to use a name invented by the student, asserting that such pressure could infringe on a teacher’s constitutionally protected freedom of conscience and religion.
Ordo Iuris, which is a major legal institute in Poland, stresses that the opinion of a school counselor or a diagnosis of gender dysphoria does not obligate teachers to address a male student by a female name.
Additionally, the guide states there is no legal requirement to provide separate restrooms for transgender students, nor to allow male students identifying as female to use girls’ bathrooms, citing building regulations that mandate only two gender-specific restrooms.
The guide argues that a boy’s presence in girls’ facilities infringes on their privacy and could create opportunities for sexual misconduct.
The authors warn of potential cases where students might falsely claim to be transgender for attention, mischief, or personal gain.
Finally, the guide outlines legal options available to teachers if they feel their rights are violated, including filing lawsuits, reporting to local authorities or labor inspections, or contacting law enforcement.