Gender Identity and Sexual Orientation
In accordance with Kimberly School Board Policy 3280 – Gender Identity and Sexual Orientation –
RISE Charter School will mirror Kimberly School District Policy 3280 – Gender Identity and Sexual Orientation:
https://www.kimberly.edu/policy-3280-gender-identity-and-sexual-orientation
Policy 3281 - Gender Identity and Sexual Orientation
The Kimberly School Board of Trustees believes in fostering an educational environment that is safe and free of discrimination for all students, regardless of sexual orientation, gender identity, or gender expression. The Board also believes in ensuring that all students have equal access to all school programs and activities.
Guidelines
Meeting with Parent(s)/Guardian(s)
Pursuant to Idaho Code Section 33-6001, it is primarily the responsibility of a minor student's parent(s) or legal guardian(s) to request reasonable accommodations to support and meet the needs of the student with respect to their gender identity, sexual orientation, or transgender status. A request for reasonable accommodation should be made in writing and submitted to the Title IX Coordinator and the minor student's building administrator. Before a request is approved or denied, the designated trained staff shall discuss the requested accommodation and their proposed course of action with the Superintendent. After discussion with the Superintendent, the Title IX Coordinator shall notify the parent(s) or legal guardian(s) of the minor student, in writing, of the decision regarding the requested accommodation. The minor student’s parent(s) or legal guardian(s) may appeal this decision to the Board of Trustees.
Guidelines for Student Use of Facilities, Restrooms, and Locker Rooms
• The district aims to support all students by providing reasonable accommodations.
• Pursuant to Idaho Code Title 33, Chapter 66, multiple occupancy restrooms, changing facilities accessible by multiple people at the same time, or other settings where a person may be in a state of undress in the presence of others, must be designated for use by male persons only or female persons only and utilized only by members of that sex, as defined below. Therefore, accommodation requests for a person to utilize facilities that do not correspond with their sex, as defined below, shall be denied. However, a request to utilize single-sex occupancy facilities may be approved.
• Arrangements for a transgender or gender nonconforming student should be provided in a way that protects the student’s ability to keep their transgender status private.
• An accommodation regarding the use of facilities, including restrooms and locker rooms by students, requires that the administration or designated trained staff consider numerous factors, including, but not limited to:
o the student’s preference;
o the student’s privacy;
o the desired result of minimizing stigmatization of the student.
• Relevant factors in determining reasonable accommodations include applicable law, including but not limited to the U.S. Constitution, Constitution of the State of Idaho, Idaho statutes and regulations, federal statutes and regulations, and administrative law.
• Any parent/guardian or student may express a need or desire for increased privacy in restroom or locker room usage. The principal should provide a student who requests additional privacy with reasonable alternative arrangements. Reasonable alternative arrangements may include:
o the use of a private area to change;
o the installation of privacy stalls or curtains, if appropriate and feasible;
o the implementation of a separate changing schedule; or
o the use of a single stall restroom.
School Sponsored Overnight Trips
No student shall be denied the opportunity to participate in any school-related trip solely due to matters associated with the student’s gender identity, gender expression, sexual orientation, or transgender status. Student accommodations will be made clear and determined prior to trip departure. The accommodations will be provided in a manner that respects the student’s desired level of confidentiality. Pursuant to Idaho Code Title 33, Chapter 66, students participating in any school-related overnight trip shall be assigned sleeping quarters according to their sex, as defined below. Alternative room assignments may be requested; however, a request to share sleeping quarters with an individual or individuals whose sex is different than their own shall not be approved. However, a request for a single occupancy room shall be considered. Room assignments will be made available to all parents/guardians and students no later than 72 hours prior to departure. If any parent/guardian or student objects to their room assignment, they shall contact the building administrator or designee no later than 24 hours prior to departure, who will change room assignments in a confidential manner and contact the parents/guardians and students that have had their room assignment changed. Every attempt will be made to facilitate a room assignment change for those that do not contact the building level principal or designee prior to 24 hours of departure.
Students will be required to follow all Kimberly School District policies while on a School Sponsored Overnight Trip including but not limited to:
• 3224 Student Dress (Including sleepwear)
• 3225 Sexual Harassment/Intimidation of Students
• 3287 Violence Prevention including “Bullying/Harassment Behavior”
• 3310 Student Discipline
• 3311 Drug Free School Zone
Official Student Records
• Requests to make changes to official student records required by law to include a student’s legal name and/or gender must be submitted in writing to the building administrator and will be the responsibility of the minor student’s parent(s) or legal guardian(s).
• Official records may only be changed upon presentation of the following documentation:
o Court order or birth certificate identifying a change of the student's legal name and/or gender.
Unofficial Student Records
Parent(s) or legal guardian(s) of a minor student may ask for accommodations regarding the student's unofficial records, such as:
• changing a student's unofficial record to reflect the student's preferred name, such as rosters and on daily school assignments;
• changing a student's unofficial record to reflect the student's preferred pronoun and identified gender; and/or
• addressing a student by the student's preferred name and consistent with preferred pronouns.
When the preferred name is beyond a derivative of a student's legal name, the preferred name, per the request of the minor student's parent(s)/guardian(s), will be entered into the student management unofficial information. The legal name of the student will remain in the student management system for official records required by law. Staff members will refer to the student using their preferred name as it is entered into unofficial information.
Student Privacy
• Pursuant to Idaho Code Section 33-6001, whenever any district staff member/school employee has knowledge of a change in a student's mental, emotional, physical health or well-being, such district staff member/school employee shall immediately notify the Designated Trained Staff, or School Counselor, or Building Administrator. Within three (3) business days of receiving the information, the school shall notify the minor student's parent(s) or legal guardian(s) of the change(s) in the student's mental, emotional, physical health or well-being.
• Except for notifying the parent(s) or legal guardian(s) of the student, district staff member/school employees shall not disclose a student's gender identity or sexual orientation to other individuals, including other district staff members/school employees absent a compelling interest, or parent(s) or legal guardian(s) authorizing the disclosure.
• A compelling interest may include but not limited to the following:
o student disciplinary matter and the right of the student or parent to contest the discipline, particularly where suspension or expulsion is considered.
o allegations of sexual abuse, but particularly when such allegations present a possible criminal prosecution of the perpetrator; or,
o concern for the health, welfare and safety from a legitimate threat of physical harm; or,
o suicidal ideation; or,
o law enforcement and/or Department of Health and Welfare investigations relating to abuse, abandonment or neglect; or,
o a requested change in the student's official educational records that are lawfully available to parents/guardians and including birth certificates, gender notations, and names changes.
o As is necessary to comply with the individual student's plan
• District staff shall implement practices to avoid inadvertent disclosure of a student's gender identity, sexual orientation, or transgender status.
Students of Legal Age
Per policy 3130, every student eighteen (18) years of age will be deemed to be an adult and will have legal capacity to act as such, meaning adult students can make their own educational decisions. Parents of adult students will be notified and communicated with regarding the educational matters of adult students.
Independent adult students living on their own and that are financial independent may request that their parents do not have access to their educational information. Such request must be initiated by the independent student contacting the building administrator.
Extracurricular Activities
Participation in extracurricular activities will be under the direction of the Idaho High School Activities Association (IHSAA).
Definitions
“Changing Facility” means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.
“Designated Trained Staff” refers to the Title IX Coordinator, principal, and school counselor trained in district policies and procedures.
“Gender Expression” refers to how a person expresses their gender.
“Gender Identity” refers to a person’s internal sense of gender.
“Nonconforming Student” refers to deviation from conventional gender norms.
“Public School” means any public K-12 school in Idaho.
“Sex” means biological sex determined at birth.
“Sexual Orientation” refers to emotional or physical attraction.
“Transgender” refers to a person whose gender identity differs from their sex assigned at birth.
Policy History
Adopted on: June 14, 2021
Revised on: July 17, 2023
Reviewed on: