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Nevada
Gender Diversity
Laws & Policies

What does Local Policy say about gender diverse students?​

CCSD Gender-diverse Policy

Policy 5138  states:

 

  • Students may have their name and gender marker updated in the school’s system, Infinite Campus, and can receive new updated student ID’s

  • Students can access facilities such as restrooms & locker rooms that are in line with their gender identity, they can choose what attire they wear at schools with uniforms, and for sex segregated extracurricular activities such as choir and ROTC

  • Students can have their chosen name called out at graduation, and printed on their transcripts and diplomas, and printed in the yearbook

  • Students can room with other students of the gender they identify with on overnight trips. Current privacy laws prohibit schools from “notifying” other students or parents

  • Deliberate mis-gendering or dead-naming can be considered bullying or harassment and both students and teachers/staff can be reprimanded

  • District employees may not disclose information that would reveal a student’s gender identity or expression status, doing so would be a FERPA violation

*Every Nevada Charter school is required by law to implement a gender diversity policy that is in line with Nevada Revised Statute 388.880 - See below under Senate Bill 225 for more information* 

What does NV State law say about gender diverse students?​

Nevada Public Accommodations Law

Public accommodations, in US law, are generally defined as facilities, both public and private, used by the public. Examples include retail storesrental establishments, and service establishments as well as educational institutionsrecreational facilities, and service centers. In the 2011 NV Legislative session, "gender identity or expression" were added to the list of protected groups that may not be discriminated against in public places.

NRS 651.070 states: 

“All persons entitled to equal enjoyment of places of public accommodation.  All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex, gender identity or expression.”

  • “Gender identity or expression” means a gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth.

  • “Place of public accommodation” means: (k) Any nursery, private school or university or other place of education

 

Senate Bill 225

In June 2017 Governor Sandoval signed SB225, a law requiring for all school districts or public schools to adopt a policy that contains requirements and methods for addressing certain rights and needs of persons with diverse gender identities or expressions on an individualized basis.

SB225 states NRS 388.880 is hereby amended to read as follows:

      NAC 388.880  Persons with diverse gender identities or expressions: School or school district required to address rights and needs; adoption of policy; individual plan for pupil; list of resources provided by Department. (NRS 388.133)

     1.  Each school or school district shall address the rights and needs of persons with diverse gender identities or expressions on an individualized basis to foster the safe and healthy development of the gender identity and expression of each pupil. When addressing the rights and needs of a person as they relate to the gender identity or expression of the person, a school or school district shall consider the individual characteristics and unique circumstances of the person.

     2.  The governing body of a school or school district shall adopt a policy that includes, without limitation:

     (a) A requirement that each member of the governing body and each employee governed by the policy, including, without limitation, each administrator and teacher, receive annual training concerning the requirements and needs of persons with diverse gender identities or expressions. Such training must include, without limitation:

          (1) Methods to support appropriate engagement of the parents or guardians of pupils with diverse gender identities or expressions;

          (2) Developing and implementing an individualized plan to address the rights and needs of a pupil with a diverse gender identity or expression pursuant to paragraph (c), including, without limitation, the required contents of such a plan, as prescribed by subsection 3; and

          (3) Instruction on appropriate definitions and terminology to describe the requirements, needs and experiences of persons with diverse gender identities or expressions.

     (b) A limitation on discipline so that an employee, volunteer or pupil may only be disciplined for the failure to refer to a pupil using a name or pronoun identified by the parent or guardian of the pupil if that failure:

          (1) Constitutes bullying or cyber-bullying; or

          (2) Violates a policy or regulation of the governing body of the school or school district.

     (c) A requirement that the administrator of a school in which a pupil who has a diverse gender identity or expression is enrolled convene a team to develop an individualized plan to address the rights and needs of the pupil. The team must consist of the pupil, the parent or guardian of the pupil, any representative of a community-based group chosen by the parent or guardian of the pupil and one or more members of the staff of the school. The team shall submit the plan for the approval of the administrator of the school.

     3.  A plan developed pursuant to paragraph (c) of subsection 2:

     (a) Must not conflict with any applicable regulations or policies of the Nevada Interscholastic Activities Association, the requirements of NRS 651.050 to 651.110, inclusive, or any policies of the school district concerning public use of district facilities;

     (b) Must take into consideration the rights and needs of the pupil for whom the plan is developed, the ability of the school to comply with the requirements of the plan and the rights and needs of all pupils enrolled at the school; and

     (c) Except as otherwise provided in subsection 4, must include, without limitation:

          (1) Methods to ensure the protection of the privacy of each person governed by the plan;

          (2) Methods to support the appropriate engagement of the parent or guardian of the pupil for whom the plan is developed;

          (3) Measures to ensure that each person governed by the plan, including, without limitation, each employee, volunteer and pupil, uses only the names and pronouns to refer to the pupil for whom the plan is developed that have been designated by the parent or guardian of the pupil, as recorded through the registration and enrollment process or the pupil information system of the school or school district, in reference to or in any verbal or written communication with the pupil;

          (4) Measures to ensure that the pupil for whom the plan is developed has access to academic courses and services that are appropriate for and supportive of the pupil, including, without limitation:

               (I) Classroom activities that are relevant and meaningful to and appropriate for the pupil and do not discriminate or segregate according to gender identity or expression; and

               (II) Physical education, assemblies, dances, ceremonies, intramural activities and other school activities that are appropriate for the pupil and do not discriminate or segregate according to gender identity or expression;

          (5) Measures to ensure access to appropriate and supportive school clubs for the pupil for whom the plan is developed and support groups for the family of that pupil in accordance with NRS 393.071 to 393.0719, inclusive, any regulations adopted pursuant thereto and any other policy of the governing body concerning the use of school property by such clubs and groups;

          (6) Measures necessary to ensure that the pupil for whom the plan is developed is able to dress and act in an appropriate manner in accordance with his or her gender expression or identity, including, without limitation:

               (I) Any accommodations necessary to ensure that the pupil is able to comply with a dress code or uniform policy in a manner that is physically and emotionally comfortable for the pupil;

               (II) Policies concerning yearbook photographs that allow the pupil to choose clothing that aligns with the gender identity or expression of the pupil and, if applicable, allows for a yearbook photograph that is not gender-specific; and

               (III) Authorization for the pupil to select a cap and gown combination for graduation that aligns with the gender identity or expression of the pupil; and

          (7) A requirement that the name of the pupil that has been designated by the parent or guardian of the pupil, as recorded through the registration and enrollment process or the pupil information system of the school or school district, be read during ceremonies and other events, including, without limitation, graduation ceremonies.

     4.  A plan developed pursuant to paragraph (c) of subsection 2 is not required to include an item listed in paragraph (c) of subsection 3 if the parent or guardian of the pupil for whom the plan is developed elects to omit the item.

     5.  To facilitate compliance with the provisions of NRS 388.133 and 388.134, the Department will, at least annually, provide to the governing body of each school or school district a list of resources that reflect nationally accepted best practices for addressing the rights and needs of persons with diverse gender identities or expressions.

     6.  As used in this section, “classroom activities” means activities that provide education or instruction to pupils but does not include field trips.

     (Added to NAC by Dep’t of Education by R099-17, eff. 10-25-2018)

 

NDOE Regulations for SB225

The Nevada Department of Ed implemented regulations for SB225 to give schools specific guidance on how to implement these policies with regard to:

  • Parent engagement

  • Developing a gender support team and plan

  • Restroom and locker room facilities

  • Disciplinary methods for policy violations

  • Student privacy

  • Updating names & pronouns in the school system

  • Creating inclusive classroom activities

  • Assemblies, dances, ceremonies and extracurricular activities that do not segregate or discriminate according to gender identity or expression

  • Yearbook photos

  • Dress code and graduation cap/gown.

 

The NDOE regulations can be viewed here:

What does Federal law say about gender diverse students?​

On March 8, 2021 the Biden administration issued a new Executive Order “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity”.

 

The Executive Order begins by announcing the policy of the Biden administration that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.”

To that end, the Executive Order directs the U.S. Department of Education, through Secretary of Education Miguel Cardona in consultation with the Attorney General, to review its existing regulations and other guidance that may be inconsistent with the Biden administration’s stated policy and report those findings to the Director of the Office of Management and Budget. The Executive Order also mandates specific review of the rule entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 85 Fed. Reg. 30026 (May 19, 2020),  and directs Secretary Cardona to issue new guidance as needed to implement the Executive Order “as soon as practicable” and to suspend, revise, rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding agency actions that are inconsistent with the stated purpose of the Executive Order. 

The Executive Order recognizes the potential for discrimination on the basis of sex to coincide with other forms of discrimination in educational environments. The Executive Order directs Secretary Cardona to “account for intersecting forms of prohibited discrimination that can affect the availability of resources and support for students who have experienced sex discrimination, including discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school procedures are fair and equitable for all.

 *www.ballardspahr.com 

NV Timeline of events 

May 2016 - The U.S. Departments of Justice and Education, under the Obama Administration, issued guidance to public school districts across the country clarifying that Title IX, a federal law banning sex discrimination in education programs and activities, protects students who are transgender. The guidance issued by the Obama Administration did not make new law, it simply spelled out how federal law already protects transgender students from discrimination, bullying and harassment in school.

February 2017 - The U.S. Departments of Justice and Education under President Trump withdrew the Obama guidance. The withdrawal of the guidance created unnecessary confusion and sent a message that it is okay to discriminate against transgender students.

June 2017 - NV Governor Sandoval signs SB225 into law. SB225 requires for all school districts or public schools to adopt a policy that contains requirements and methods for addressing the rights and needs of students with diverse gender identities or expressions on an individualized basis.

June 2017 - CCSD Trustee Carolyn Edwards made a motion to create the Gender-Diverse Working Group – GDWG, a team made up of 40 teachers, administrators, student advocates, clergy, and community members.

October 2017 - The GDWG team met for 13 hours over 8 meetings and came up with 20 categories that they agreed should be included in a policy- these were the “recommendations” of the group.

 

December 2017 - CCSD held 5 public input meetings in to review the recommendations. These meetings were held in high school auditoriums to accommodate overflow crowds of community members both in support of and in opposition to implementing policy. CCSD also posted an online survey for the public to give feedback.

January 2018 - The results of the survey and the public comment sessions were presented to the trustees at a special board meeting. The board did not vote because Trustee Cavazos was not present.

February 2018 - The Gender-diverse policy was put onto the agenda for the board February meeting. Hundreds of people showed up and overflowed the venue. The legal counsel advised the trustees to remove the item from the agenda citing open meeting laws.

March 2018 - A special board meeting was then scheduled, and the board finally voted in favor of moving forward with writing a gender-diverse policy for CCSD schools.

June 2018 – The CCSD board had a special meeting to present the first draft of the actual gender-diverse policy. The board requested changes.

August 2018 – The CCSD board met to review the revised policy, they voted 4-3 to adopt it, with Edwards, Wright, Brooks, and Cavazos voting in favor. Young, Garvey, and Child voted against.

October 2018 – The Legislative Commission approved the Nevada Department of Education’s regulations for SB225. The NDOE regulations can be seen here.

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