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
*Students in charter schools also have protections under state law, regardless of whether the school has implemented their own gender diversity policy.
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 stores, rental establishments, and service establishments as well as educational institutions, recreational 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 388.133 is hereby amended to read as follows:
The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of bullying and cyber-bullying.
The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;
(b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions; and
(c) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:
(1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of bullying and cyber-bullying so that pupils may realize their full academic and personal potential;
(2) Training in methods to prevent, identify and report incidents of bullying and cyber-bullying;
(3) Training concerning the needs of persons with diverse gender identities or expressions;
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:
Developing a gender support team and plan
Restroom and locker room facilities
Disciplinary methods for policy violations
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
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.”
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.