°ÄÃÅ¿ª½±Íø

BOARD POLICY - 5145.3

This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within a District school, to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school, and to all acts of the Board of Education and the Superintendent in enacting policies and procedures that govern the District. (Education Code 234.1)

The Board of Education desires to provide a welcoming, safe, and supportive school environment to ensure equal access to and opportunities for all students in the District's educational programs, guidance and counseling programs, athletic programs, testing procedures, and other activities. District programs and activities shall be free from unlawful discrimination, including discriminatory harassment, intimidation, and bullying of any student based on the student's actual or perceived race or ethnicity, color, ancestry, national origin, nationality, ethnic group identification, immigration status, age, religion, actual or potential parental, family, or marital status, pregnancy, childbirth, termination of pregnancy or lactation, including related medical conditions or recovery, physical or mental disability, sex, sex stereotypes, sex characteristics, sexual orientation, gender, gender identity or expression, or genetic information;Ìýthe perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. 

The Board prohibits discrimination, intimidation, bullying, or harassment of any student by any employee, student, or other person in the District. Prohibited harassment includes physical, verbal, nonverbal, or written conduct based on any of the categories listed above that is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive education environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise affects the student's educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services. 

The Superintendent or designee shall facilitate students’ access to the educational program by publicizing the District’s nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, the Superintendent or designee shall post the District’s policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the District’s website in a manner that is easily accessible to parents/guardians in accordance with law (Education Code 234.1, 234.6; CFR 106.8). 

A student shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with their gender identity, irrespective of the gender listed on the student’s records. (Education Code 221.5) School staff and volunteers shall carefully guard against discrimination, including but not limited to segregation, bias, and stereotyping in the delivery of services, instruction, guidance, and supervision. In addition, the employee shall immediately intervene when safe to do so. (Education Code 234.1)

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board Policy, or Administrative Regulation shall be subject to appropriate consequences or discipline, which may include counseling, suspension, and/or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in harassment or prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates, participates, or refuses to participate in the investigation of a complaint or report alleging unlawful discrimination, harassment, intimidation, or bullying.

Because unlawful discrimination could occur when disciplining students, including suspension and expulsion, the Superintendent or designee shall ensure that staff enforce discipline rules fairly, consistently, and in a non-discriminatory manner. 

When a student has been suspended, or other means of correction have been implemented for an incident of racist bullying, harassment, or intimidation, the principal or designee shall attempt to engage both the victim and perpetrator in a restorative justice practice suitable to the needs of the students, when appropriate, and if agreed to by both parties. The principal or designee shall also explore other educational or training options for the perpetrator to engage in to address cultural sensitivity, racial justice, and equity. 

Allegations of unlawful discrimination in District programs and activities shall be brought, investigated, and resolved in accordance with Board Policy 1312.3- Uniform Complaint Policy, when required by law. However, complaints against sex discrimination, including sex-based harassment, under Title IX shall be investigated and resolved in accordance with the procedures specific in 34 CFR 106.44 and 106.45 and Administrative Regulation 5145.71- Title IX Sexual Harassment Complaint Procedures. 

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the District to monitor, address, and prevent repetitive prohibited behavior in district schools. 

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination
48900.3   Suspension or expulsion for act of hate violence
48900.4 Suspension of expulsion for threats or harassment
48904 Liability of parent/guardian for willful student misconduct
48907 Student exercise of free expression
48950 Freedom of Speech
48985 Translation of Notices
49020-49023  Athletic Programs
51500 Prohibited instruction or activity
51501  Prohibited means of instruction
60044 Prohibited instructional materials

CIVIL CODE

1714.1  Liability of parents/guardians for willful misconduct of minor

GOVERNMENT CODE

11135  Nondiscrimination in programs or activities funded by state

PENAL CODE

422.55 Definition of hate crime
422.6  Crimes, harassment

CODE OF REGULATIONS, TITLE 5

432  Student record
4600-4670 Uniform Complaint Procedures
4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1681-1688  Title IX of the Education Amendments of 1972
12101-12213   Title II equal opportunity for individuals with disabilities

UNITED STATES CODE, TITLE 29

794  Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e -17  Title VI and Title VII Civil Rights Act of 1964, as amended
2000h-2-2000h-6  Title IX of the Civil Rights Act of 1964
6101-6107  Age Discrimination Act of 1975

CODE OF FEDERAL REGULATIONS, TITLE 28

99.31 Disclosure of personally identifiable information
100.3 Prohibition of discrimination on basis of race, color, or national origin
104.7 Designation of responsible employee for Section 504
106.8 Designation of responsible employee for Title IX
106.9 Notification of nondiscrimination on basis of sex
1110.25 Prohibition of discrimination based on age
COURT DECISIONS
Donovan v. Poway Unified School District, (2008) 167 CalApp. 4^th  567
Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130

CSBA PUBLICATIONS

Updated Legal Guidance:  Protecting Transgender and Gender Nonconforming Students Against Sex Discrimination, July 2016

CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS

Promoting a Safe and Secure Learning Environment for All:  Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues, April 2018

FIRST AMENDMENT CENTER PUBLICATIONS

Public Schools and Sexual Orientation:  A First Amendment Framework for Finding Common Ground, 2006

U.S. DEPARTMENT OF EDUCATION: OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016: 

Dear Colleague Letter:  Title IX Coordinators, April 2015
Dear Colleague Letter:  Harassment and Bullying, 2010
Notice of Non-Discrimination Fact Sheet, August 2010

WEBSITES

°ä³§µþ´¡:Ìý
California Department of Education: 
California Safe Schools Coalition: 
California Office of the Attorney General: 
First Amendment Center: 
National School Boards Association: 
U.S. Department of Education, Office of Civil Rights:  http;//ed.gov/about/offices/list/ocr

Policy Adopted: September 13, 2011
Policy Revised: March 18, 2014
Policy Revised: January 12, 2016
Policy Revised: August 21, 2018
Policy Revised September 11, 2018
Policy Revised: August 27, 2024

Administrative Regulation 5145.3: Nondiscrimination/Harassment