Oceanside USD | AR 0410.1 Philosophy, Goals, Objectives and Comprehensive Plans
Nondiscrimination In Gender Identity
Nondiscrimination for Students and Employees
This regulation implements Board Policy 0410.1. The administration will provide training pursuant to Board Policy 0410.1.
This regulation is meant to advise school site staff and administration regarding transgender and gender non-conforming student concerns in order to create a safe learning environment for all students, and to ensure that every student has equal access to all components of their educational program.
Confirmation of a student's asserted gender identity will be in consultation with the student and parent or guardian with educational rights. The district recognizes that the person best situated to determine a student's gender identity is the student himself or herself. A school should accept a student's assertion of his or her gender identity in consultation with a parent, where there is consistent and uniform assertion of the gender-related identity, and any other evidence that the gender-related identity is sincerely held as part of the person's core identity. If a student's gender-related identity, appearance, or behavior meets the standard, the only circumstance in which a school may question a student's asserted gender identity is where the school personnel have a credible basis for believing that the student's gender-related identity is being asserted for an improper purpose.
The California Education Code states that "all pupils have the right to participate fully in the educational process, free from discrimination and harassment." (Education Code 201(a)) Section 220 of the Education Code provides that no person shall be subject to discrimination on the basis of gender in any program or activity conducted by an educational institution that receives or benefits from state financial assistance.
The Code further provides that public schools have an affirmative obligation to combat sexism and other forms of bias, and a responsibility to provide equal educational opportunity to all pupils. (Education Code 201(b))
The California Code of Regulations similarly provides that "No person shall be excluded from participation in or denied the benefits of any local agency's program or activity on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability in any program or activity conducted by an `educational institution' or any other ¬ëlocal agency'. . . that receives or benefits from any state financial assistance." (5 CCR 4900(a))
The California Code of Regulations defines "gender" as: "a person's actual sex or perceived sex and includes a person's perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person's sex at birth." (5 CCR 4910(k))
The Board Policy prohibits gender-based harassment. It requires that "All educational programs, activities and employment practices shall be conducted without discrimination based on . . . sex, sexual orientation, [or] gender identity. . ."
Therefore, transgender and gender non-conforming students must be protected from discrimination and harassment in the public school system. Staff must respond appropriately to ensure that schools are free from any such discrimination or harassment.
Official Records and Confidentiality
The District is required to maintain a mandatory permanent pupil record which includes the legal name of the pupil, as well as the pupil's gender. (5 CCR 432(b)(l)(A). (D).) The district shall change a student's official records to reflect a change in legal name or gender upon receipt of documentation that such legal name and/or gender have been changed pursuant to California legal requirements. Students are not required to obtain a court ordered name and/or gender change or to change their official records as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity.
The former name and gender identity of a student shall be kept confidential. Schools shall create a procedure for keeping the student records with the former gender identity confidential, where possible.
The school shall set a procedure to update name changes and gender markers in the school's system upon request.
Access to Restrooms and Locker Rooms
All students are entitled to have access to restrooms, locker rooms and changing facilities that are sanitary, safe, and adequate, so they can comfortably and fully engage in their school program and activities. Transgender students shall not be forced to use the locker room and restroom corresponding to their gender assigned at birth. In meeting with the transgender/gender non-confirming student (and parent), it is essential that the principal and student address the student's access to the restrooms, locker room and changing facility.
Each situation needs to be reviewed and addressed based on the particular circumstances of the student and the school facilities. In all cases, the principal should be clear with the staff, student (and parent) that the student may access the restroom, locker room, and changing facility that corresponds to the student's gender identity. All students with privacy concerns will be provided with a safe and adequate alternative, based on availability and appropriateness to address privacy concerns, such as:
¬ï Use of a private area in the public area (i.e., a bathroom stall with a door, an area separated by a curtain or screen, a PE instructor's office in the locker room);
¬ï A separate changing schedule (either utilizing the locker room before or after the other students); or
¬ï Use of a nearby private area (i.e., a nearby restroom, a unisex restroom, or a nurse's office).
Physical Education and Intramural and Interscholastic Activities
Transgender students shall not be denied the opportunity to participate in physical education, nor shall they be forced to have physical education outside of the assigned class time.
Where there are sex-segregated classes or athletic activities, all students must be allowed to participate in a manner consistent with their gender identity. The California Interscholastic Federation (CIF) has provided bylaws stating that all students should have the opportunity to participate in CIF activities in a manner consistent with their gender identity. The district will provide athletic opportunities consistent with the gender identity of each student.
Whenever students are separated by gender in school activities, or subject to an otherwise lawful gender-specific rule, policy, or practice, students must be permitted to participate in such activities or conform to such rule, policy, or practice consistent with their gender identity.
Students shall have the right to be addressed by a name and pronoun corresponding to their gender identity that is consistently and uniformly asserted at school. This directive does not prohibit inadvertent slips or honest mistakes, but it does apply to an intentional and persistent refusal to respect a student's gender identity. The requested name shall be included in the school's data retention system in addition to the student's legal name, in order to inform teachers of the name and pronoun to use when addressing the student.
To create a safe and supportive environment for the student, the school shall engage the student and parent with respect to name and pronoun use, and agree on a plan to initiate that name and pronoun use within the school.
Generally, students should be permitted to participate in gender-segregated recreational gym class activities and sports in accordance with the student's gender identity that is consistently and uniformly asserted at school. Participation in competitive athletic activities and contact sports will be resolved on a case by case basis.
School sites can enforce dress codes that are adopted pursuant to Education Code 35291. Students shall have the right to dress in accordance with their gender identity that is exclusively and consistently asserted at school, within the constraints of the dress codes adopted at their school site. This regulation does not limit a student's right to dress in accordance with the school dress code policy.
School Administration will respect the privacy of students who discuss the issue of their gender identity with school personnel. There will be parent notification upon official request by the student to change their gender identity of record.
Regulation OCEANSIDE UNIFIED SCHOOL DISTRICT
approved: January 7, 2014 Oceanside, California