BOARD OF EDUCATION ADMINISTRATIVE REGULATION

R5163

ARTICLE 5: STUDENTS

SECTION: Non-Discrimination for Students and Employees

This regulation is meant to advise school site staff and administration regarding

transgender and gender non-conforming student concerns in order to create a safe

learning environment for all students, and to ensure that every student has equal access to

all components of their educational program.

California Law Prohibits Gender-Based Discrimination in Public Schools

The California Education Code states that “all pupils have the right to participate fully in

the educational process, free from discrimination and harassment.” Cal. Ed. Code

Section 201(a). Section 220 of the Education Code provides that no person shall be

subject to discrimination on the basis of gender in any program or activity conducted by

an educational institution that receives or benefits from state financial assistance. The

Code further provides that public schools have an affirmative obligation to combat

sexism and other forms of bias, and a responsibility to provide equal educational

opportunity to all pupils. Cal. Ed. Code Section 201(b).

The California Code of Regulations similarly provides that “No person shall be excluded

from participation in or denied the benefits of any local agency's program or activity on

the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry,

national origin, religion, color, or mental or physical disability in any program or activity

conducted by an ‘educational institution’ or any other ‘local agency’. . .that receives or

benefits from any state financial assistance." 5 CCR Section 4900(a).

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).

SFUSD Board Policy Prohibits Gender-Based Harassment

SFUSD Board Policy 5163 requires that “All educational programs, activities and

employment practices shall be conducted without discrimination based on . . .sex, sexual

orientation, [or] gender identity . . .” Board Policy 5162 requires that “students should

treat all persons equally and respectfully and refrain from the willful or negligent use of

slurs against any person” based on sex or sexual orientation.

Therefore, transgender and gender non-conforming students must be protected from

discrimination and harassment in the public school system. Staff must respond

appropriately to ensure that schools are free from any such discrimination or harassment.

Names/Pronouns

Students shall have the right to be addressed by a name and pronoun corresponding to

their gender identity that is exclusively and consistently asserted at school. Students are

not required to obtain a court ordered name and/or gender change or to change their

official records as a prerequisite to being addressed by the name and pronoun that

corresponds to their gender identity. This directive does not prohibit inadvertent slips or

honest mistakes, but it does apply to an intentional and persistent refusal to respect a

student’s gender identity. The requested name shall be included in the SIS system in

addition to the student’s legal name, in order to inform teachers of the name and pronoun

to use when addressing the student.

Official Records

The District is required to maintain a mandatory permanent pupil record which includes

the legal name of the pupil, as well as the pupil’s gender. 5 Cal. Code Reg. 432(b)(1)(A),

(D). The District shall change a student’s official records to reflect a change in legal

name or gender upon receipt of documentation that such legal name and/or gender have

been changed pursuant to California legal requirements.

Restroom Accessibility

Students shall have access to the restroom that corresponds to their gender identity

exclusively and consistently asserted at school. Where available, a single stall bathroom

may be used by any student who desires increased privacy, regardless of the underlying

reason. The use of such a single stall bathroom shall be a matter of choice for a student,

and no student shall be compelled to use such bathroom.

Locker Room Accessibility

Transgender students shall not be forced to use the locker room corresponding to their

gender assigned at birth. In locker rooms that involve undressing in front of others,

transgender students who want to use the locker room corresponding to their gender

identity exclusively and consistently asserted at school will be provided with the

available accommodation that best meets the needs and privacy concerns of all students

involved. Based on availability and appropriateness to address privacy concerns, such

accommodations could include, but are not limited to:

• Use of a private area in the public area (i.e., a bathroom stall with a door, an area

separated by a curtain, a PE instructor’s office in the locker room);

• A separate changing schedule (either utilizing the locker room before or after the

other students); or

• Use of a nearby private area (i.e., a nearby restroom, a nurse’s office).

Sports and Gym Class

Transgender students shall not be denied the opportunity to participate in physical

education, nor shall they be forced to have physical education outside of the assigned

class time. Generally, students should be permitted to participate in gender-segregated

recreational gym class activities and sports in accordance with the student’s gender

identity that is exclusively and consistently asserted at school. Participation in

competitive athletic activities and contact sports will be resolved on a case by case basis.

Dress Codes

School sites can enforce dress codes that are adopted pursuant to Education Code 35291.

Students shall have the right to dress in accordance with their gender identity that is

exclusively and consistently asserted at school, within the constraints of the dress codes

adopted at their school site. This regulation does not limit a student’s right to dress in

accordance with the Dress/Appearance standards articulated in the Student and

Parent/Guardian Handbook, page 23.

Gender Segregation in Other Areas

As a general rule, in any other circumstances where students are separated by gender in

school activities (i.e., class discussions, field trips), students shall be permitted to

participate in accordance with their gender identity exclusively and consistently asserted

at school. Activities that may involve the need for accommodations to address student

privacy concerns will be addressed on a case by case basis. In such circumstances, staff

shall make a reasonable effort to provide an available accommodation that can address

any such concerns.