5010 - Student Gender Identity

Adoption Date: 07/08/2021 
5000 - Students

5010 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, gender expression, and any other status protected under the law. In accordance with applicable law, regulations, and guidelines, students will have equal access to all school programs, facilities, and activities.  The District will assess and address the specific needs of each student on a case-by-case basis with student safety and well-being as the paramount consideration.

Privacy
As required by law, the District will maintain the confidentiality of student information and records. If a student’s name has officially changed, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student’s assigned birth name in a separate, confidential file.  

If a student’s name has not officially been changed, but the student wishes to be referred to by a different name that corresponds to the student’s gender identity, the District may create or change unofficial records to reflect the student’s preferred name and gender identity. On state standardized tests, certain reports to the New York State Education Department, and when necessary to verify appropriate and coordinated medical care, however, the District will use the student’s legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student’s assigned birth name and gender in a separate, confidential file. 

School staff shall not disclose any information that may reveal the student’s transgender status to others, including parents or guardians, unless legally required to do so, unless school staff determine that such disclosure is warranted to protect the health and/or welfare of the student or unless the student has authorized such disclosure. The student’s age and maturity may play a role in this determination.  

Names and Pronouns 
When apprised of a student’s status, the District will endeavor to engage the student and the student’s parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student’s individual needs at school.  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 student to use the restroom and locker room that corresponds to the student’s gender identity. Prohibiting a student from accessing the restrooms that match the student’s gender identity is unlawful. Any student requesting increased privacy or other accommodations when using bathrooms or locker rooms will be provided with a safe and adequate alternative, but the student will not be required to use that alternative.  

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 student would like an opportunity to participate in the District’s interscholastic athletics program consistent with the student’s gender identity, the District will determine the student’s eligibility in accordance with applicable law, regulations, and guidelines. The District will confirm the student’s asserted gender identity with documentation it considers appropriate from a parent/guardian, counselor, doctor, psychologist, psychiatrist, or other medical professionals. The student’s gender identity should be the same as the identity used for District registration and other school purposes.  

The District’s athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association only if the situation requires it, such as if a student needs any accommodations during competitions or if such disclosure is required by law, regulations or applicable guidelines. Any appeal regarding the District’s eligibility decision will be directly 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 
Students may dress in accordance with the parameters of the District’s dress code. The District will not restrict students’ clothing or appearance on the basis of gender or gender identity.

The District’s dress code applies while its athletes are traveling to and from athletic contests.  Athletes will have access to uniforms that are appropriate for their sport.  

Policy References: 
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g 
34 CFR Part 99 

Title IX of the Education Amendments of 1972 
Education Law Article 2 and §§ 2-d, 11(7), 3201-a 
8 NYCRR § 100.2 

Policy Cross References: 
» 0100 – Nondiscrimination and Equal Opportunity 
» 0115 – Student Harassment and Bullying Prevention and Intervention 
» 5300 – Code of Conduct