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Adoption Date: 4/10/2017
7000 - Students

STUDENT WELFARE
7554 STUDENT GENDER IDENTITY

All students need a safe and supportive educational environment to progress academically and developmentally. The District is committed to fostering a safe learning environment for all students, free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression. In accordance with applicable law, regulations, and guidelines, the District will ensure that students have equal access to all school programs, facilities, and activities. The District will assess and address the specific needs of each student on a case-by-case basis.

 

Key Terms

 

         Generally, District personnel should use the language that individual students are using to describe their own gender identity, appearance, or behavior. The most commonly used terms are:

 

Cisgender:  a person whose gender identity corresponds to their assigned sex at birth.

 

Gender:  actual or perceived sex, typically with reference to social and cultural differences rather than physiological ones.

 

Gender expression:  the ways a person conveys their gender identity to others, such as through behavior, appearance, clothing, hairstyle, activities, voice, and mannerisms.

 

Gender identity:  a person's inner sense or psychological knowledge of being male, female, neither, or both.

 

Gender nonconforming (GNC):  describes someone whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth. This is also referred to as gender variant or gender atypical.

 

Transgender:  someone whose gender identity is different than their gender assigned at birth.

 

Transition:  the process by which a person socially or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.

 

Records

 

As required by law, the District will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student's assigned birth name in a separate, confidential file.

 

If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to their gender identity, the District may create or change unofficial records to reflect the name and gender identity that the student consistently asserts at school. On state standardized tests, certain reports to the New York State Education Department, and when necessary to ensure appropriate and coordinated medical care, however, the District will use the student's legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student's assigned birth name and gender in a separate, confidential file.

 

Names and Pronouns

 

When apprised of a student's transgender or GNC status, the District will endeavor to engage the student and his or her parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student's preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school.

 

 

USE OF BATHROOM AND LOCKER ROOM FACILITIES

 

The Board is committed to providing appropriate bathroom and changing facilities (locker rooms) for students and staff during school and at school sanctioned programs and activities.

 

Locker rooms, and bathrooms which can be accessed by multiple users simultaneously, shall be designated for use by males or by females. Single-user bathrooms may be used by either males or females.

 

Private, single-user bathrooms and alternative changing facilities should be made available, to the extent practicable, recognizing that this is for special and unique circumstances and not general application; to any student or staff member who has a particular need for privacy or other features of those facilities. In granting access, building administrators, in collaboration with the superintendent or designee, will take into consideration the student’s or staff member’s physical, safety and other needs.

 

A student or staff member shall not be required to use a locker room or bathroom that conflicts with the student’s or staff member’s gender identity exclusively and consistently asserted at school/work. A private, single-user bathroom and/or alternative changing facility shall be made available to any student in need of additional privacy. The use of bathrooms and locker rooms based on the gender identity exclusively and consistently asserted at school/work requires schools to carefully consider numerous factors, including, but not limited to:

 

• the gender identity consistently asserted at school/work of the student or staff member;

• satisfactory documentation of gender status/identity;

• in the case of students, the age/grade level and maturity of the students;

• the protection of privacy for all students and staff members;

• the intent to maximize social integration;

• the intent to minimize stigmatization;

• the intent to ensure equal opportunity to participate; and

• the necessity to protect the safety and dignity of all the students and staff involved.


The decision to make such facilities available shall be consistent with the regulations promulgated to implement this policy. Requests by individual students or staff for use of facilities shall be assessed by the superintendent or designee, in collaboration with the respective building administrator/ supervisor, upon the district’s receipt of satisfactory documentation of the student/staff’s gender status/identity exclusively and consistently asserted at school/work. Satisfactory documentation may include, but is not limited to, documentation of specific medical treatment, counseling, or therapy, as well as change in name and gender identity on an official birth certificate. In the case of a student specifically, proof may also include written documentation by staff/administration supporting the student’s gender identity exclusively and consistently asserted at school.

 

If the party is not satisfied with this resolution, he/she may appeal the decision to the Board by filing a written notice of appeal with the District Clerk within ten (10) working days following receipt of the Superintendent’s decision. The Board will consider the appeal and issue a written decision within thirty (30) calendar days of receipt of the appeal. Regulations shall be developed to promulgate this policy and shall be periodically reviewed by The Board to ensure compliance with applicable rules, laws, or regulations.

 

 

Physical Education and Sports

 

         Physical education is a required part of the District's curriculum. Where these classes are sex-segregated, students will be allowed to participate in a manner consistent with their gender identity. Students will likewise be allowed to participate in intramural activities consistent with their gender identity.

 

         Upon written notification that a transgender or GNC student would like an opportunity to participate in the District's interscholastic athletics program consistent with his or her gender identity, the District will determine his or her eligibility in accordance with applicable law, regulations, and guidelines. The District will confirm the student's asserted gender identity with documentation it considers appropriate from a parent/guardian, counselor, doctor, psychologist, psychiatrist, or other medical professionals. The student's gender identity should be the same as the identity used for District registration and other school purposes.

 

The District's athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions. Any appeal regarding the District's eligibility decision will be directly to the Commissioner of Education.

 

Other Activities

 

Generally, in other circumstances where students may be sex-segregated, such as overnight field trips, students may be permitted to participate in accordance with the gender identity that the student consistently asserts at school. Student privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.

 

Dress Code and Team Uniforms

 

         Transgender or GNC students may dress in accordance with their gender identity or expression, within the parameters of the District's dress code. The District will not restrict students' clothing or appearance on the basis of gender.

 

         The District's dress code applies while its athletes are traveling to and from athletic contests. Athletes will have access to uniforms that are appropriate for their sport.

 

 

 

Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g

34 CFR Part 99

Title IX of the Education Amendments of 1972

Education Law Article 2 and §§ 2-d, 11(7), 3201-a

8 NYCRR § 100.2

 

 

 

 

 

 


Policy References:
All students need a safe and supportive educational environment to progress academically and developmentally. The District is committed to fostering a safe learning environment for all students, free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression. In accordance with applicable law, regulations, and guidelines, the District will ensure that students have equal access to all school programs, facilities, and activities. The District will assess and address the specific needs of each student on a case-by-case basis.

Key Terms

Generally, District personnel should use the language that individual students are using to describe their own gender identity, appearance, or behavior. The most commonly used terms are:

Cisgender: a person whose gender identity corresponds to their assigned sex at birth.

Gender: actual or perceived sex, typically with reference to social and cultural differences rather than physiological ones.

Gender expression: the ways a person conveys their gender identity to others, such as through behavior, appearance, clothing, hairstyle, activities, voice, and mannerisms.

Gender identity: a person's inner sense or psychological knowledge of being male, female, neither, or both.

Gender nonconforming (GNC): describes someone whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth. This is also referred to as gender variant or gender atypical.

Transgender: someone whose gender identity is different than their gender assigned at birth.

Transition: the process by which a person socially or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.

Records

As required by law, the District will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student's assigned birth name in a separate, confidential file.

If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to their gender identity, the District may create or change unofficial records to reflect the name and gender identity that the student consistently asserts at school. On state standardized tests, certain reports to the New York State Education Department, and when necessary to ensure appropriate and coordinated medical care, however, the District will use the student's legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student's assigned birth name and gender in a separate, confidential file.

Names and Pronouns

When apprised of a student's transgender or GNC status, the District will endeavor to engage the student and his or her parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student's preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school.


USE OF BATHROOM AND LOCKER ROOM FACILITIES

The Board is committed to providing appropriate bathroom and changing facilities (locker rooms) for students and staff during school and at school sanctioned programs and activities.

Locker rooms, and bathrooms which can be accessed by multiple users simultaneously, shall be designated for use by males or by females. Single-user bathrooms may be used by either males or females.

Private, single-user bathrooms and alternative changing facilities should be made available, to the extent practicable, recognizing that this is for special and unique circumstances and not general application; to any student or staff member who has a particular need for privacy or other features of those facilities. In granting access, building administrators, in collaboration with the superintendent or designee, will take into consideration the student’s or staff member’s physical, safety and other needs.

A student or staff member shall not be required to use a locker room or bathroom that conflicts with the student’s or staff member’s gender identity exclusively and consistently asserted at school/work. A private, single-user bathroom and/or alternative changing facility shall be made available to any student in need of additional privacy. The use of bathrooms and locker rooms based on the gender identity exclusively and consistently asserted at school/work requires schools to carefully consider numerous factors, including, but not limited to:

• the gender identity consistently asserted at school/work of the student or staff member;
• satisfactory documentation of gender status/identity;
• in the case of students, the age/grade level and maturity of the students;
• the protection of privacy for all students and staff members;
• the intent to maximize social integration;
• the intent to minimize stigmatization;
• the intent to ensure equal opportunity to participate; and
• the necessity to protect the safety and dignity of all the students and staff involved.

The decision to make such facilities available shall be consistent with the regulations promulgated to implement this policy. Requests by individual students or staff for use of facilities shall be assessed by the superintendent or designee, in collaboration with the respective building administrator/ supervisor, upon the district’s receipt of satisfactory documentation of the student/staff’s gender status/identity exclusively and consistently asserted at school/work. Satisfactory documentation may include, but is not limited to, documentation of specific medical treatment, counseling, or therapy, as well as change in name and gender identity on an official birth certificate. In the case of a student specifically, proof may also include written documentation by staff/administration supporting the student’s gender identity exclusively and consistently asserted at school.

If the party is not satisfied with this resolution, he/she may appeal the decision to the Board by filing a written notice of appeal with the District Clerk within ten (10) working days following receipt of the Superintendent’s decision. The Board will consider the appeal and issue a written decision within thirty (30) calendar days of receipt of the appeal. Regulations shall be developed to promulgate this policy and shall be periodically reviewed by The Board to ensure compliance with applicable rules, laws, or regulations.


Physical Education and Sports

Physical education is a required part of the District's curriculum. Where these classes are sex-segregated, students will be allowed to participate in a manner consistent with their gender identity. Students will likewise be allowed to participate in intramural activities consistent with their gender identity.

Upon written notification that a transgender or GNC student would like an opportunity to participate in the District's interscholastic athletics program consistent with his or her gender identity, the District will determine his or her eligibility in accordance with applicable law, regulations, and guidelines. The District will confirm the student's asserted gender identity with documentation it considers appropriate from a parent/guardian, counselor, doctor, psychologist, psychiatrist, or other medical professionals. The student's gender identity should be the same as the identity used for District registration and other school purposes.

The District's athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions. Any appeal regarding the District's eligibility decision will be directly to the Commissioner of Education.

Other Activities

Generally, in other circumstances where students may be sex-segregated, such as overnight field trips, students may be permitted to participate in accordance with the gender identity that the student consistently asserts at school. Student privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.

Dress Code and Team Uniforms

Transgender or GNC students may dress in accordance with their gender identity or expression, within the parameters of the District's dress code. The District will not restrict students' clothing or appearance on the basis of gender.

The District's dress code applies while its athletes are traveling to and from athletic contests. Athletes will have access to uniforms that are appropriate for their sport.



Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
Title IX of the Education Amendments of 1972
Education Law Article 2 and §§ 2-d, 11(7), 3201-a
8 NYCRR § 100.2





NOTE: Refer also to Policies #3410 -- Code of Conduct on School Property
#3420 -- Non-Discrimination and Anti-Harassment in the School District
#6121- Sexual Harassment of District Personnel

#7550 – Dignity for all Students
#7551 -- Sexual Harassment of Students
#7553 -- Hazing of Students
#8130- Equal Educational Opportunities
#8242 -- Civility, Citizenship and Character Education/Interpersonal
Violence Prevention Education

Policy Cross References:
 » 3410 - CODE OF CONDUCT ON SCHOOL PROPERTY
 » 3420 - ANTI-HARASSMENT IN THE SCHOOL DISTRICT
 » 6121 - SEXUAL HARASSMENT OF DISTRICT PERSONNEL
 » 7550 - DIGNITY FOR ALL STUDENTS ACT
 » 7551 - SEXUAL HARASSMENT OF STUDENTS
 » 8130 - EQUAL EDUCATIONAL OPPORTUNITIES
 » 8242 - CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/INTERPERSONAL VIOLENCE PREVENTION EDUCATION