Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
← Board Policies Manual
5145.3 BP Board Policy

Nondiscrimination/Harassment

The Board of Education desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discrimination, harassment, intimidation, and bullying based on actual or perceived age, ancestry, ethnicity, parental status, pregnancy status, color, mental or physical disability, gender, gender identity, gender expression, genetic information, immigration status, marital status, medical information, nationality, race, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics. This applies to all acts related to school activity or school attendance within any school under the jurisdiction of the superintendent of Redwood City School District. (California Education Code [EC] sections 200, 220, 221.5, 234.1[a], 234.7, and 260; California Government Code [GC] Section 11135; California Penal Code [PC] Section 422.55; California Code of Regulations, Title 5 [5 CCR] sections 4900, 4902, and 4960) This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school. Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also includes the creation of a hostile environment through prohibited conduct that is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities. Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services. The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint. The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. They will provide training and information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district's educational program. They will report their findings and recommendations to the Board after each review. Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students. Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal. Record-Keeping The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.

Legal & Management References

State
5 CCR 432 - Student records
5 CCR 4600-4670 - Uniform complaint procedures
5 CCR 4900-4965 - Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance
Civ. Code 1714.1 - Liability of parent/guardian for act of willful misconduct by a minor
Ed. Code 17585 - School modernization project; all-gender restroom
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 33353 - California Interscholastic Federation; standardized incident form
Ed. Code 35292.5 - School restrooms; all-gender restrooms
Ed. Code 48900.3 - Suspension or expulsion for act of hate violence
Ed. Code 48900.4 - Suspension or expulsion for harassment, threats, or intimidation
Ed. Code 48900.5 - Suspension; other means of correction
Ed. Code 48904 - Liability of parent/guardian for willful student misconduct
Ed. Code 48907 - Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 48950 - Speech and other communication
Ed. Code 48985 - Notices to parents/guardians in language other than English
Ed. Code 49020-49023 - Athletic programs
Ed. Code 49060-49079 - Student records
Ed. Code 51204.5 - Social sciences instruction; contributions of specified groups
Ed. Code 51500 - Prohibited instruction or activity
Ed. Code 51501 - Nondiscriminatory subject matter
Ed. Code 60010 - Instructional materials; definition
Ed. Code 60040-60052 - Requirements for instructional materials
Gov. Code 11135 - Prohibition of discrimination
Gov. Code 12926 - Prohibition of discrimination; definitions
Pen. Code 422.55 - Definition of hate crime
Pen. Code 422.6 - Crimes; harassment
Federal
20 USC 1681-1688 - Title IX of the Education Amendments of 1972; discrimination based on sex
28 CFR 35.107 - Nondiscrimination on basis of disability; complaints
29 USC 794 - Rehabilitation Act of 1973; Section 504
34 CFR 100.3 - Prohibition of discrimination on basis of race, color or national origin
34 CFR 104.7 - Section 504; Designation of responsible employee and adoption of grievances procedures
34 CFR 104.8 - Notice of Nondiscrimination on the Basis of Handicap
34 CFR 106.1-106.82 - Discrimination on the basis of sex; effectuating Title IX
34 CFR 106.30 - Discrimination on the basis of sex; definitions
34 CFR 110.25 - Prohibition of discrimination based on age
34 CFR 99.31 - Disclosure of personally identifiable information
42 USC 12101-12213 - Americans with Disabilities Act
42 USC 2000d-2000e-17 - Title VI and Title VII Civil Rights Act of 1964, as amended
42 USC 2000h-2-2000h-6 - Title IX of the Civil Rights Act of 1964
42 USC 6101-6107 - Age Discrimination Act of 1975
Management Resources
CA Office of the Attorney General Publication - Guidance to School Officials re: Legal Requirements for Providing Inclusive Curricula and Books, January 2024
CA Office of the Attorney General Publication - Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, December 2024
California Department of Education Publication - Protection for LGBTQ+ Students: AB 1955
Court Decision - Burlington Northern and Santa Fe Ry. Co. v. White (2006) 548 U.S. 53
Court Decision - Tennessee v. Cardona (2024) 737 F.Supp.3d 510
Court Decision - Students for Fair Admissions v. Harvard (2024) 600 U.S. 181
Court Decision - Olmstead v. L.C. ex rel. Zimring (1999) 527 U.S. 581
Court Decision - McDonnell Douglas Corp v. Green (1973) 411 U.S. 792
Court Decision - John T. D. v. River Delta Joint Unified School District (2021) WL 5176356
Court Decision - Donovan v. Poway Unified School District (2008) 167 Cal.App.4th 567
Court Decision - Flores v. Morgan Hill Unified School District (2003, 9th Cir.) 324 F.3d 1130
CSBA Publication - Reference: State Roles, Responsibilities, and Process for Instructional Materials Adoption, February 2024
CSBA Publication - Fact Sheet: Instructional Materials Adoption: Local governing board responsibilities, February 2024
CSBA Publication - Instructional Materials Adoptions: State and local governing board processes, roles, and responsibilities, February 2024
Federal Register - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, April 29, 2024, Vol. 89, No. 83, pages 33474-33896
U.S DOE, Office for Civil Rights Publication - Resolution Agreement Between the Arcadia USD, US Dept of Ed, OCR, & the US DOJ, CRD (2013) OCR 09-12-1020, DOJ 169-12C-70
U.S. Department of Education Publication - Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973, July 2022
U.S. Department of Education Publication - Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools, May 2023
U.S. DOE, Office for Civil Rights Publication - Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act, February 28, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students For Fair Admissions v. Harvard, February 14, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Enforcement of Title IX under the provisions of the 2020 Title IX Rule, February 4, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics, May 2024
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Discrimination, Including Harassment, Based on Shared Ancestry or Ethnic Characteristics, November 2023
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Addressing Discrimination Against Jewish Students, May 2023
Website - CSBA District and County Office of Education Legal Services
Website - First Amendment Center
Website - California Interscholastic Federation
Website - California Office of the Attorney General
Website - California Safe Schools Coalition
Website - CSBA
Website - California Department of Education
Website - U.S. Department of Education, Office for Civil Rights

Cross References

0415 AR Equity
1313 BP Civility
4112.6 AR Personnel Files
4119.21-E PDF(1) AR Professional Standards
5111 AR Admission
5131 BP Conduct
5131.2 AR Bullying
5144 AR Discipline
6163.4-E PDF(1) AR Student Use Of Technology