Gender Issues: Creating a Safe Environment for All Students


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Gender Issues: Creating a Safe Environment for All Students

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Gender Issues: Creating a Safe Environment for All Students

  2. 2. Disclaimer Lawyers
  3. 3. Defining Transgender
  4. 4. Key Definitions ! National Center for Transgender Equality
  5. 5. Key Definitions ! Transgender ! Transgender Man ! Transgender Woman ! Gender Identity ! Gender Expression
  6. 6. CCR Definition ! ! 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 Section 4910(k)
  7. 7. Social Pulse on Gender Issues
  8. 8. Gender Issues and Bullying in Schools Broadly
  9. 9. What Is “Cyber” Bullying? ! Knowingly or recklessly posting or sharing false or defamatory information about a person. ! Taunting a person using online or otherwise digital means. ! Posting or sharing information about another person that is private.
  10. 10. What Is “Cyber” Bullying? ! Breaking into another person’s electronic account and/or assuming a person’s identity ! Posting or sharing photos of other people without their permission. ! ! ! ! !
  11. 11. AB 1266 - School Success and Opportunity Act
  12. 12. Requirements ! AB 1266 adds a single line to California Education Code § 221.5: ! (f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.
  13. 13. Pre-Existing Policies ! ! Los Angeles Unified School District ! San Francisco Unified School District ! California Interscholastic Federation !
  14. 14. California School Board Association Guidelines
  15. 15. (1) Allowing students who need or desire privacy to use an alternative facility besides the regular facility used by other students. ! (2) Allowing all students to use the gender-specific facility that is consistent with their gender identity. ! (3) Training and preparing staff to address and refer to a transgender student by the student’s preferred name and gender. Guidelines
  16. 16. ! (4) Preparing data systems and records to list and identify a transgender student by the student’s preferred name and gender. ! (5) Allowing all students to participate in interscholastic sports according to their gender identify in a manner that is consistent with the CIF bylaws. ! (6) Providing professional development to teachers and staff, and offering educational activities or forums for students and the larger community to dispel stereotypes and encourage understanding. Guidelines
  17. 17. Federal Policy & Proposed Laws
  18. 18. Title IX
  19. 19. Requirements ! “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation,” the guidelines state. 
  20. 20. Requirements ! The Department of Education also declares that schools must provide equal access to all programs and facilities for transgender students, consistent with the student’s gender identity.
  21. 21. Student Non Discrimination Act
  22. 22. Requirements ! [p]rohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. ! Considers harassment to be a form of discrimination. ! Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.
  23. 23. Requirements ! Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. ! Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. ! Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.
  24. 24. Safe Schools and Improvement Act
  25. 25. Requirements ! The Safe Schools Improvement Act (SSIA) would amend the Elementary and Secondary Education Act (ESEA) to require school districts in states that receive ESEA funds to adopt codes of conduct specifically prohibiting bullying and harassment, including on the basis of race, color, national origin, sex, disability, sexual orientation, gender identity and religion. ! !
  26. 26. Requirements ! The SSIA would also require that states report data on bullying and harassment to the Department of Education.  ! The Department of Education would then be required to provide Congress with a report on the state reported data every two years.
  27. 27. Taking Action gender issues action plan
  28. 28. Step #1: Develop a Gender Policy and make sure it is distributed amongst parents and students.
  29. 29. Step #2: Provide accessible resources about bullying and support for students who may be victims of bullying because of gender.
  30. 30. Step #3: Make gender bullying a focus, particularly with technology - ensure that parents understand the technology and how it is being used.
  31. 31. Step #4: Deal with reports, rumors and other evidence of gender bullying immediately.
  32. 32. We just scratched the surface.
  33. 33. Lawyers Gagnier Margossian @gamallp
  34. 34. ?