Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
← Board Policies Manual
5157 BP Board Policy

^Gender Identity and Access

Lesbian, Gay, Bisexual, Transgender, Queer + (LGBTQ+) The Governing Board is committed to providing a safe, supportive, and inclusive learning environment for students of all sexual orientations and gender identities, including but not limited to transgender, gender non-conforming, lesbian, gay, bisexual, queer, and questioning students (LGBTQ+), and to ensuring that every student has equal educational opportunities and equal access to the district's educational programs and activities. Safety and Protection The district shall ensure its programs, activities, facilities, and employment practices are conducted without discrimination based on, among other things, actual or perceived gender identity, gender expression, or sexual orientation and ensure students of all sexual orientations and gender identities are treated equally and fairly. (Education Code 200, 220, 234.1) Public schools have an affirmative obligation to combat bias, and a responsibility to provide equal educational opportunities to all pupils. Additionally, district policy requires that all schools and all personnel promote mutual respect and acceptance among students and staff. (Education Code § 201) The district shall ensure school personnel intervene when they witness harassment, discrimination, intimidation and bullying of any student based on actual or perceived protected characteristics when they can do so safely. (Cal. Ed. Code § 234.1.) Stakeholder Education Working with our district partners, the district shall provide training and education on an awareness and implementation of the board policy. The stakeholders include, but are not limited to, District staff and administrators, English Learner Advisory Council, District English Learner Advisory Council, Parent Teacher Association, Parent Teacher Organization, and organizations providing services before during, or after school including district personnel. Reporting and Filing of Complaints Complaints alleging discrimination, harassment or bullying based on a student's sexual orientation, gender identity, gender expression, or gender nonconformity, are to be handled in the same manner as other discrimination/harassment/bullying complaints. Consistent with the Uniform Complaint Procedures, complaints alleging discrimination or harassment based on a student's sexual orientation, gender identity, gender expression, or gender nonconformity shall be investigated and resolved in accordance with the procedures specified in AR 1312.3 - Uniform Complaint Procedures. Strategies for addressing bullying, harassment, and discrimination in district schools shall be developed with involvement of key stakeholders, including students, parents/guardians, and staff, and may be incorporated into the comprehensive safety plan, the local control and accountability plan, and other applicable district and school plans. As appropriate, the Superintendent or designee may collaborate with law enforcement, courts, social services, mental health services, other agencies, and community organizations in the development and implementation of joint strategies to promote safety in schools and the community and to provide services for alleged victims and perpetrators of bullying. Students shall be advised that harassment, discrimination, intimidation, or bullying based on sexual orientation, gender identity, and gender expression are unacceptable conduct and will not be tolerated. Students shall be informed that they should contact the school principal or designee if they experience such harassment, discrimination, intimidation, or bullying. Corrective actions for a student who commits an act of bullying of any type may include counseling, behavioral intervention and education, and, if the behavior is severe or pervasive as defined in Education Code 48900, may include suspension or expulsion in accordance with district policies and regulations. Any employee who permits or engages in bullying or retaliation related to bullying shall be subject to disciplinary action, up to and including dismissal. Behavioral Intervention and Education for Stakeholders The regulations shall provide an adequate description of this policy to parents, students and employees, provide appropriate complaint and resolution procedures, and establish due process for persons accused of harassment, discrimination, intimidation, or bullying based on sexual orientation, gender identity, and gender expression. As per the Bullying Policy the district may provide students with instruction, in the classroom or other educational settings, that promotes effective communication and conflict resolution skills, social skills, character/values education, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior. Facilities Equal access to facilities and activities will be provided to all students regardless of their actual or perceived sexual orientation or gender expression. All students will be allowed to use the bathroom and locker room consistent with their gender identity. Whenever possible, the district will take care that the manner and type of bathroom used will not isolate or stigmatize students who use them. At every school site there will be at least one designated gender neutral restroom. The Superintendent or designee shall adopt, and may periodically revise, administrative regulations necessary to implement and enforce this policy. This policy is intended to supplement, and not replace, state and federal laws prohibiting sexual harassment. Complaints under those laws shall be processed through the procedures established by appropriate state and/or federal agencies.

Legal & Management References

Notice
Unique Policy - This policy is unique to the district/COE and is not connected to an existing CSBA sample policy or included in regular quarterly updates from CSBA.