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Support for LGBTQ Students Introduction Regardless of their sexual orientation,

Support for LGBTQ Students Introduction Regardless of their sexual orientation, gender identity or gender expression, every student should feel safe in every one of our schools every day. These are rights that are protected by our School Board policies and rights that affirm our commitment to mental health and academic wellness. Environments that are safe, welcoming, and inclusive increase morale, motivation and learning for all students on our campuses. Parents, guardians, and caregivers send their children to school with the expectation that they will be free from harassment, bullying and discrimination. To that end, we have policies and procedures in place to protect all students from discrimination, harassment, sexual harassment, or retaliation. The Guide is intended to be a tool for school administrators and personnel to effectively navigate and comply with existing laws, regulations and polic{es while supporting LGBTQ+ students. It provides guidance to ensure that all students are treated,equiti bly and with dignity in the school setting. This guide is designed to supplement th p egular and P,eriodic training that school personnel receive. While this guide will serv.e as an important resource for school personnel, it cannot address every circumstance that schoo1'1)ersonnel may encounter. School personnel are strongly encouraged to consult the administratio~ f in doubt about the appropriateness or legality of any action related to this subject matter. Please note that this guide does not exhaustively, reference all laws and policies that may touch on issues related to the subject matters herein, as they are govern~ by a quickly changing area of the law. It is likely that new legal developments wi11 require revisions to this guide. For example, there are Title IX draft regulations which are expected to move to formal rulemaking and implementa(ion in the near future. There are also _pending co~ cases that deal directly with the issues contem~lated in this guide. This is a living document and will be reviewed by district staff and legal counsel and updated peribdically to reflect the most current laws and information available to ,Womote a safe and supportive learning environment for LGBTQ+ students and families. School administrators and personnel slioula be careful to only consult the most recent version of this guide. KNOW THE LAW AND RELEVANT AUTHORITIES The regulations and opinions concerning this matter are new and evolving. Below are some of the federal, state, and local policies regarding this topic. This list is not intended to be all inclusive: • The 14th Amendment of the U.S. Constitution • First Amendment of the U.S. Constitution • Title IX of the Education Amendment Acts of I 972 • Florida Statute 1001.42, Powers and Duties of District School Board • Florida Statute IO 14.04, Parental Rights • Florida Statute 1006.147, Bullying and Harassment Prohibited • Duval County School Board Policy 1.22, Equity Policy • Duval County School Board Policy 5.09, School District Notifications of Parental Rights 1 Support for LGBTQ Students • County School Board Policy l 0.1 0, Prohibiting Discrimination and Harassment • Duval County School Board Policy 10.20, Anti-Bullying Policy TERMINOLOGY Gender Expression Exte~al appeara~ce of one's gender identity, usually expressej through behavior, clothing, h~ir~ut or ~oice, and ':"hich ~ay or may not conform to sociall~ defined behaviors and charactenst1cs typically associated with being either masculine or feminine. Gender Identity One's innermost concept of self as male fe~ e,. blend of both or neither - how individuals p~rceive themselves and what they call ~he~ sel~ s. One's gender identity--_ can be the same or different from their sex assigned at birth. '- Sexual Orientation One's emotional, romantic, or sexua PARENTAL~ FI~ ATION PROCEDURES Florida §.tafilte 1014.04 deta~s a( ummary ol_ rights reserved to the parent of minor children without-"mterference from the st~ e or any ~ her polifical subdivision. Included in these rights are the ri/ ht t0 access and i evieV( all schoq! record?'ret'ating to his/her minor child, the right to make health care oecisions (unless otherwise prohibited by law), and Florida Statute 1001.42 includes rights to be notified regarding th\ ir stucie ~ s mental, emotional, or physical health or well-being, or a change in, related services o\ monitoring. See the Duval County School Board Parental Notification of C h ange in Service/ Procedures at duvalschools.orgl Nothing contained in this sup~ort guide is intended to usurp the rights afforded to parents in the Duval County SchoQ!.,Board Parental Notification of Change in Services -Procedures. 2 Support for LGBTQ Students SCHOOL LEVEL SUPPORT Tl~e areas below address subjects with which school officials or families may require guidance wit~ when supporting LGBTQ+ students. Staff in the district's Office of Equity and Inclusion are available to assist school personnel with ensuring compliance and responding to questions related to stu~ent supports in this area. For questions, schools should contact the Office of Equity and lnclus1on at: DCPS Office of Equity & Inclusion/Professional Standards Dr. Tameiko Grant Official Documents (904) 390-2181 GrantTl @duvalschools.org Public school students have privacy rights against public disclosure provided by the Family Educational Rights and Privacy Act (FERP A), which provides, among other matters, that education records and personally identifiable information set forth in them are confidential against release except under certain situations. The District modifies a student's official records upon receipt of a court order reflecting a legal change in name and/or gender. If a student and parent/guardian requests official modification of the student's educational records, please contact the District's School Counseling Department at (904) 390-2090. Unofficial Documents Please note that a student's ID card is not considered an official student record and can be changed to the student's affirmed name when requested by the student and the parent/guardian has been notified through the district's student management system (FOCUS). Reasonable and good-faith efforts should be made with regard to these requests in order to promote consistency among teachers, substitute teachers, school administrators, and other school staff. Class and team rosters, yearbooks, school newspapers and newsletters, are also considered unofficial student records and can be changed upon request of the student and notification to the parent/guardian. This applies to all students regardless of their gender identity. Dress Code The Student Code of Conduct is gender neutral. Therefore, schools are required to enforce the dress requirements contained in the Student Code of Conduct equally amongst all students, regardless of sexual orientation, gender expression, or gender identity. Restrooms & Locker Rooms School administrators will develop a plan on a case-by-case basis that meets privacy concerns. 3 Support for LGBTQ Students Prom/Dances or Other Social Events The district may not ex I d · I I c u e same-sex couples from proms dances and other soc1a events open to t1e student body S h I ' • h I . · c oo s may set general dress standards for prom or other social events, sue as t 1e requirement of for l tt· A h . . . ma a ire. sc ool may not dictate gender specific attLre. Athletics ~ccording to Florida Statute l 006.205, athletic teams or sports designated for females women or ~rls may not be open to students of the male sex. Schools should contact the distric~'s Athletic epartment with specific questions regarding the implementation of this law. Overnight Field Trips School administrators will develop a plan on a case-by-case basis that meets privacy concerns. All studen~s 1:1ay organize _and torm student clubs and organizations, so long as such clubs/orgamzattons are orgamzed and QPerated in compliance with Board Policies, including Board Policy 4.50 This includes the right fot students to form and participate in a GSA (Gay- Straight Alliance or Gender and Sexuality ~lliance), as they would with any other club. DCPS Code of Student Conduct All faculty, staff, and students shl ld feel safe to be their authentic selves at school. The district's Code of Student Conduct set standards for student conduct during the school day, at regular school- sponsored;activities, during'.transportatio~ on scliool buses and at all times and places where approp ; iat~ chool personnel have jurisdiction over,students, including but not limited to, school- sponsored events, fieta trips and athletic events. The Code of Conduct holds individuals responsible for the consequences of t~eir actions in an equitable and reasoned way. GUIDELINES FOR TRANSGENDER STUDENTS The dynamics concerning transgender youth in schools are complicated. As societal attitudes evolve, the District must balance competing interests, such as requests for accommodations, and concerns of students and parents for privacy and safety. In this evolving legal area, the District must provide educational access an~ a safe_ learning environment for a~l stude~ts _fre_e f~om discrimination and harassment. District officials must act on any complaint of d1scnmmat1on, harassment, or bullying by a student (whether or not transgender) ~ith the same ?iligence, follow through, and resolution in each instance. Conta~t the Offi~e of Equtty and lnclus1on at (904) 390- 2181 for additional information and assistance m developing a plan for a transgender student. 4 Support for LGBTQ Students Names & Gender Pronouns When a student has requested an unofficial document change related to a preferred name or pronoun, and uploads/S4/ full-support-guide.pdf