5149 - Gender Identity and Access

San Bernardino County Superintendent of Schools (SBCSS) is committed to providing a safe, supportive, and inclusive learning environment for all students, including transgender students, and to ensuring that every student has equal educational opportunities and equal access to the SBCSS educational programs, activities, and facilities. California and federal law (Cal. Ed. Code § 220 and Title IX, 20 U.S.C. § 1681) require schools to treat transgender students equally and fairly. State and federal law and SBCSS policy require that all programs, activities, and employment practices be conducted without discrimination based on, among other things, actual or perceived gender identity, gender expression, or gender. California Education Code § 201 further provides that public schools have an affirmative obligation to combat bias, and a responsibility to provide equal educational opportunities to all pupils. Additionally, SBCSS policy requires that all schools and all personnel promote mutual respect and acceptance among students and staff. Thus, SBCSS has a legal obligation to ensure that transgender students are safe, supported, and fully included in all school activities, programs, facilities, and educational opportunities. No person shall be subjected to discrimination on the basis of actual or perceived gender identity, gender expression, gender, or sexual orientation. (Cal. Ed. Code § 220, 20 U.S.C. § 1681 (Title IX))

SBCSS considers harassment, discrimination, intimidation, or bullying based on sexual orientation, gender identity, and gender expression to be a major offense. Gender-based harassment may include, but is not limited to:

a. Refusing to address a student by a name and pronoun consistent with their gender identity
b. Disciplining or disparaging a student or excluding them from participating in activities for behavior or appearance that is consistent with their gender identity or that does not conform to stereotypical notions of masculinity or femininity, as applicable
c. Blocking a student’s entry to the bathroom that corresponds to their gender identity
d. Taunting a student because they participate in an athletic activity more typically favored by a student of the other sex
e. Revealing a student’s transgender status to individuals who do not have a legitimate need for the information, without the student’s consent
f. Use of gender-specific slurs
g. Physical assault of a student motivated by hostility toward them because of their gender, gender identity, or gender expression

SBCSS shall investigate all complaints of harassment, discrimination, intimidation, or bullying and take appropriate action against any student or employee who is found to have violated this policy. Harassment, discrimination, intimidation, or bullying of a student by another student in violation of this policy may constitute cause for disciplinary action. 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. Harassment, discrimination, intimidation, or bullying by an employee in violation of this policy constitutes cause for disciplinary action, up to and including dismissal. The Superintendent or designee shall adopt, and may periodically revise, procedures necessary to implement and enforce this policy. The procedures 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.

The Superintendent, or designee, shall ensure that students receive age-appropriate information and education related to sexual orientation, gender identity, and gender expression. In addition, the Superintendent or designee shall designate qualified individuals to provide appropriate training and educational programs on the issue of harassment, discrimination, intimidation, or bullying based on sexual orientation, gender identity, and gender expression.

Each school must ensure that all students, including LGBTQ students, are provided a safe and supportive learning environment that is free of harassment, discrimination, intimidation and bullying. Administrators, faculty and staff are required to intervene when they witness harassment, discrimination, intimidation and bullying of any student if they can do so safely.

Complaints alleging discrimination, harassment, intimidation, or bullying based on a student’s gender identity, gender expression, or gender nonconformity, are to be handled in the same manner as other discrimination/harassment/intimidation/bullying complaints. Examples of bases for such complaints may include, but are not limited to: any of the above examples of gender-based harassment (a-g), improper rejection of a student’s asserted gender identity, denial of access to facilities that correspond with a student’s gender identity, improper disclosure of a student’s transgender status, and/or discriminatory enforcement of a dress code. Consistent with the Uniform Complaint Procedures Policy 1312.3, complaints alleging discrimination or harassment based on a student’s gender identity, gender expression, or gender nonconformity should be given immediate attention; fully and appropriately investigated in a timely manner; and resolved through appropriate corrective action. 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.

Approved: April 12, 2017