1. Key Terms
      2. Records
      3. Names and Pronouns
      4. Restrooms and Locker Rooms
      5. Other Activities
      6. Dress Code and Team Uniforms
      7. References:

Policy 6219 – Student Gender Identity
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Board
Policy
6219
Page 1 of 3
 
 
Student Gender Identity
 

 

First Supervisory District of Suffolk County
201 Sunrise Highway
Patchogue, New York 11772
 
 

All students need a safe and supportive educational environment to progress academically and developmentally. Eastern Suffolk BOCES 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, ESBOCES will ensure that students have equal access to all ESBOCES programs, facilities, and activities. ESBOCES will assess and address the specific needs of each student on a case-by-case basis.
 
Under New York State Law, Gender Expression Non-Discrimination Act (GENDA), gender identity or expression became a protected category. GENDA defines “gender identity or expression” as a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. Under the amendments, “gender identity or expression” takes on the same protected status as other categories such as age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, or disability. Previously it was presumed that gender identity and gender expression were protected under existing protections, GENDA now makes this explicit.
 



Key Terms
 
Generally, ESBOCES personnel should use the language that individual students are using to describe their own gender identity or expression, appearance, or behavior. The most commonly used terms are:
 
cisgender – a person whose gender identity corresponds to his/her assigned sex at birth;
 
gender – actual or perceived sex, typically with reference to social and cultural differences rather than physiological ones;
 
gender expression – the ways a person conveys his/her gender identity to others, such as through behavior, appearance, clothing, hairstyle, activities, voice, and mannerisms;
 
gender identity – a person's inner sense or psychological knowledge of being male, female, neither, or both;
 
gender nonconforming (GNC) (also referred to as gender variant or gender atypical) – describes someone whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth;
 
transgender – someone whose gender identity is different than his/her gender assigned at birth.
 
transition – the process by which a person socially or physically aligns his/her gender expression more closely to his/her gender identity than his/her assigned sex at birth.
 
 



Records
 
As required by law, ESBOCES will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate submitted to the student’s district, ESBOCES will change its official and unofficial records, as needed, to reflect the change. ESBOCES will maintain records with the student’s assigned birth name in a separate, confidential file.
 
If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to his/her gender identity or expression, ESBOCES shall create or change unofficial records to reflect the name and gender identity or expression that the student consistently asserts at ESBOCES. On State standardized tests, certain reports to the New York State Education Department, and when necessary to ensure appropriate and coordinated medical care, however, ESBOCES will use the student's legal name and gender. ESBOCES will maintain records with the student’s assigned birth name in a separate, confidential file.

 



Names and Pronouns
 
When apprised of a student's transgender or GNC status, ESBOCES will endeavor to engage the student and his/her parents/persons in parental relation, as appropriate, in an effort to agree upon a plan that will accommodate the student's individual needs at ESBOCES. 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. ESBOCES staff will use the name and pronoun that corresponds to the gender identity or expression the student consistently asserts at ESBOCES.
 



Restrooms and Locker Rooms
 
ESBOCES 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 ESBOCES. Any student requesting increased privacy or other accommodations when using bathrooms or locker rooms will be provided with a safe and adequate alternative but will not be required to use that alternative.
 



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 or expression that the student consistently asserts at ESBOCES. Student privacy concerns will be addressed individually and on a case-by-case basis in accordance with ESBOCES 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 ESBOCES dress code. ESBOCES will not restrict students' clothing or appearance on the basis of gender.
 


References:
 
· Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g
· 34 CFR Part 99
· Title IX of the Education Amendments of 1972
· NYS Education Law Article 2 and §§2-d, 11(7), 3201-a
· 8 NYCRR §100.2
· Board Policy 6100 – Dignity for All Students Act
· Board Policy 6560 – Harassment Prohibition (Students)
· Administrative Regulation 6560R.1 – Discrimination/Harassment Prohibition (Students)
· Administrative Regulation 2410R.1 – Code of Conduct
· NY Senate Bill §1047
  
First Adopted: 11/15/2017
Revised: 4/23/19
Readopted: 7/10/2019

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