Policy 7552

STUDENT WELFARE
7552 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 District programs, facilities, and activities. The District will assess and address the specific needs of each student on a case-by-case basis.

Key Terms

"Assigned sex at birth" means the sex designation, usually male or female, assigned to a person when they are born. 

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

"Gender" means actual or perceived sex and includes a person's gender identity or expression.

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

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

"Gender nonconforming" (GNC) means 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" means someone whose gender identity is different than their assigned sex at birth.

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

Records

Following the submission of a name change order or other documentation of name change for any current or past student, the District will update the student's name on any document or record issued or maintained by the District. The District will update any current or past student's gender upon submission of any form of government identification. 

For any current or past student who has not officially changed their name or gender, the District will, upon request, update its records to reflect the student's asserted name and/or gender. However, the District will continue to use the student's legal name and gender in certain circumstances such as state

standardized tests, certain reports to the New York State Education Department (NYSED), and when necessary to ensure appropriate and coordinated medical care. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school.

The District will maintain the confidentiality of student information and records as required by law. Further, any records with a student's assigned birth name and gender will be maintained 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 their 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.

Restrooms and Locker Rooms


The District will allow a transgender or GNC student to use the restroom and locker room that corresponds to the student's consistently expressed gender identity at school. Any student requesting increased privacy or other accommodations when using bathrooms or locker rooms will be provided with a safe and adequate alternative, but they will not be required to use that alternative. Additionally, the District will ensure that all single-occupancy bathroom facilities are designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. 

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 their gender identity, the District will determine their eligibility in accordance with applicable law, regulations, and guidelines. 

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 directed 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.



Policy References:

Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
Title IX of the Education Amendments Act of 1972, 20 USC § 1681 et seq.
34 CFR Parts 99 and 106
Civil Rights Law §§ 40-c, 64, and 67
Education Law Article 2 and §§ 2-d, 313, and 3201-a
New York State Human Rights Law, Executive Law § 290 et seq. 
8 NYCRR § 100.2

NOTE:  Refer also to 
Policy 3410 - Code of Conduct 
Policy 3420 - Non-Discrimination and Anti-Harassment in the District
Policy 3421 - Title IX and Sex Discrimination
Policy 5633 - Gender Neutral Single-Occupancy Bathrooms
Policy 7550 - Dignity for all Students
Policy 7551 - Sexual Harassment of Students
Policy 7553 - Hazing of Students
Policy 8242 - Civility, Citizenship and Character Education/Interpersonal
Violence Prevention Education



Adopted: 8/2/16
Revised: 9/6/22, 2/28/23

Policy 7552