LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 1 of 11 May 17, 2019
TITLE:
Gender Identity and Students -
Ensuring Equity and Nondiscrimination
ROUTING
All Employees
All Locations
NUMBER:
BUL-6224.2
ISSUER:
David Holmquist, General Counsel
Office of the General Counsel
DATE:
May 17, 2019
PURPOSE:
The Los Angeles Unified School District (District) is committed to providing a safe
and supportive learning environment for all students and to ensuring that every
student shall have equal access to the District’s educational programs and activities.
Additionally, District policy requires that all schools and all personnel promote
acceptance and respect among students and staff. Federal and State law provide
that public schools have an affirmative obligation to combat bias, including sex
discrimination or sexism on the basis of actual or perceived gender/sex (including
gender identity and gender expression), sexual orientation, or a person’s association
with a person or group with one or more of these actual or perceived characteristics
in any District educational program or activity or to which it provides significant
assistance.
The purpose of this policy is to advise District staff regarding best practices relating
to recognition of each student’s gender identity consistent with goals of reducing
stigmatization and ensuring access for students. The guidelines provided in this
policy do not anticipate every situation that might occur with respect to gender
identity and expression and students. The needs of each student are unique.
MAJOR
CHANGES:
GUIDELINES:
This Bulletin replaces BUL 6224.1, Transgender Students - Ensuring Equity and
Nondiscrimination, dated August 15, 2014, issued by the Office of the General
Counsel. It provides updated information and guidance to schools as a result of the
Gender Recognition Act which asserts that every person deserves full legal
recognition and equal treatment under the law with particular emphasis on persons
who identify as intersex, transgender, or nonbinary. Likewise, the policy name has
been updated to be more expansive in recognition of a gender identity continuum.
The following guidelines apply:
I. Definitions – Intended as functional descriptors, not to label:
A. Gender: A person's actual or perceived sex, and includes a person's gender
identity and gender expression.
B. Gender Identity: A person’s gender-related identity, appearance or behavior,
whether or not different from that traditionally associated with the person’s
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 2 of 11 May 17, 2019
GUIDELINES
(cont.):
physiology or assigned sex at birth.
C. Gender Expression: A person’s gender-related appearance and behavior
whether or not stereotypically associated with the person’s assigned sex at
birth. Gender expression refers to external cues that one uses to represent or
communicate one’s gender to others, such as behavior, clothing, hairstyles,
activities, voice, mannerisms, or body characteristics.
D. Gender Nonconforming: One’s gender expression, gender characteristics or
gender identity that does not conform to gender stereotypes “typically”
associated with one’s legal sex assigned at birth, such as “feminine” boys,
“masculine” girls, and those who are perceived as androgynous. Students
who adopt a presentation that varies from the stereotypic gender expectations
sometimes may describe themselves as gender nonconforming, gender queer,
gender fluid or nonbinary.
E. Intersex: An umbrella term used to describe natural bodily variations, which
can include external genitalia, internal sex organs, chromosomes or hormonal
differences that transcend typical ideas of male and female.
F. Nonbinary: An umbrella term for people with gender identities that fall
somewhere outside of the traditional conceptions of strictly either female or
male. People with nonbinary gender identities may or may not identity as
transgender, may or may not have been born with intersex traits, may or may
not use gender-neutral pronouns, and may or may not use more specific
terms to describe their genders, including but not limited to agender,
genderqueer, gender fluid, Two Spirit, bigender, pangender, gender
nonconforming or gender variant.
G. Sex: It includes, but is not limited to, a person’s sex assigned or presumed at
birth based on physical characteristics commonly associated with males or
females, and is inclusive of a person’s gender.
H. Sexual Orientation: It means heterosexuality, homosexuality, and bisexuality
and is considered to be a person’s romantic, emotional, mental and/or sexual
attraction to another person based on the gender of the other person.
I. Transgender: An umbrella term used to describe people whose gender
identity or gender expression is different from the gender they were assigned
or presumed at birth. Some individuals who identify as transgender have
medically transitioned, are undergoing gender affirming surgeries and
hormonal treatments, while others do not choose any form of medical
transition. There is no uniform set of procedures that are sought. Individuals
may identify as female, male or nonbinary, may or may not have been born
with intersex traits, may or may not use gender-neutral pronouns and may or
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 3 of 11 May 17, 2019
GUIDELINES
(cont.):
may not use more specific terms to describe their genders, including but not
limited to agender, genderqueer, gender fluid, Two Spirit, bigender,
pangender, gender nonconforming or gender variant.
J. Transition: The unique process in which one goes from living and identifying
as one gender to live in alignment with one or more dimensions of the gender
with which one identifies. Gender transition can occur at any age and can
include social, medical and/or a legal transition.
II. Guiding Principles and Requirements
The school shall accept the gender identity that each student asserts. There are
no medical or mental health diagnoses or treatment thresholds that students
must meet in order to have their gender identity recognized and respected.
Students may initiate a process to change their name, pronoun, attire and
access to District programs, activities and facilities. The school shall customize
support to optimize each student’s access according to their gender identity.
A. Privacy and Confidentiality
1. All persons, including students, have a right to privacy. This includes
keeping a student’s actual or perceived gender identity and expression
private. Such private information shall be shared only on a need to
know basis.
2. Students have the right to openly discuss and express their gender
identity and expression, and to decide when, with whom, and how
much information to share.
3. District and school personnel may encounter situations where students
have not publicly disclosed their gender identity; therefore, school
personnel must be mindful of the confidentiality and privacy rights of
students when communicating with others, so as to not reveal, imply or
refer to a student’s gender identity or expression. To ensure
confidentiality when discussing a particular concern such as conduct,
discipline, grades, attendance or health, school personnel should focus
on the concern, not the student’s gender identity or expression. For
example, describe the matter in terms of the underlying issue
(behavior/conduct, grade issue, attendance issue, health concern)
without referring or linking to gender identity or expression.
4. When communicating with a student’s parent, legal guardian, or
educational rights holder (“parent”), school personnel should be aware
that the student may not have disclosed their gender identity to their
parents. When school personnel find it important to discuss a student’s
gender identity or expression with parents (if, for example, the student
is being bullied based on their gender identity or expression), school
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 4 of 11 May 17, 2019
GUIDELINES
(cont.):
personnel should consult and work closely with the student to assess
the degree to which, if any, the parent is aware of the student’s gender
identity or expression and is supportive of the student, and school
personnel shall take into consideration the safety, health and well-being
of the student in deciding whether to disclose the student’s gender
identity or expression to parents.
B. Pupil Records
1. The District is required to maintain in perpetuity mandatory permanent
pupil records which include the legal name and sex of the student as
indicated on official government issued documents such as birth
certificates, passports and identification cards/permits. Mandatory
interim pupil records may include, but are not limited to, progress and
grade reports, transcripts, assessment data, health records,
Individualized Education Programs (IEP) and Section 504 Plans.
Permitted pupil records may include, but are not limited to, objective
counselor and/or teacher ratings, standardized test scores older than
three years, routine discipline data and verified reports of relevant
behavior patterns. Per California law, student enrollment forms allow a
parent to designate their child’s gender as male, female or nonbinary.
2. The District will change a student’s name and gender on pupil records
when the name and gender of the student are changed by the
appropriate court action. The new name and gender are the student’s
legal name and gender for all purposes, including school registration.
Upon the submission of proper evidence of the court order, the
student’s legal name and gender in all school records shall be changed
to reflect the legal name change. Job aides for entering court orders or
student name changes in the District’s student information system are
available at https://achieve.lausd.net/Page/6231. If a school changes a
student’s gender in the District’s student information system, the
student identification number also changes in the student information
system going forward to a format that does not designate an “M” or “F”
for gender.
C. Authorization to Use Name and Gender With Which the Student Identifies
1. The District shall permit students to use the name and gender with
which they identify on school records, including pupil records, with
parent/guardian/educational rights holder authorization. The records
may include, but are not limited to, identification badges, classroom
and homeroom rosters, certificates, programs, announcements, office
summons and communications, team and academic rosters, diplomas,
newspapers, newsletters, yearbooks and other site-generated records.
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 5 of 11 May 17, 2019
GUIDELINES
(cont.):
2. Upon authorization, the District shall input the student’s name and
gender with which they identify in the appropriate fields of the
District’s electronic data system to indicate how the student’s name and
gender will appear on documents issued by the school.
3. The District shall permit a student age 18 or older or parent/legal
guardian to request a change of name and/or gender so that a student
may be registered in school under a name and gender that corresponds
with the student’s gender identity without obtaining a court order or
without changing the student’s pupil records (See BUL-5703.3, Names
and/or Gender of Pupils for Purposes of School Records). Separate
from the above, any student may seek to be addressed by the name and
pronoun that corresponds to their gender identity.
4. After the school receives and verifies the contents of the completed
authorization, the school shall change the name and/or gender of the
student in the District’s electronic data system and enter or cross-
reference the name as AKA in the cumulative folder and registration
card. This change is effective for District records only. If a student
were to transfer to a school outside of the District, the student should
inquire at that school about a similar process.
D. Names/Pronouns
1. Students shall be addressed by the name and pronoun that corresponds
to their gender identity asserted at school without obtaining a court
order, changing their pupil records or obtaining parent/legal guardian
permission. In addition, the District shall permit a student age 18 or
older or parent/legal guardian to request a change of name and/or
gender so that a student may be registered in school under a name and
gender that corresponds with the student’s gender identity.
2. Students shall be known by their name and gender of identity.
However, there may be situations (e.g., communications with the
family, state or federal records, pupil records where a name or gender
with which the student identifies isn’t authorized, and assessment data)
where it may be necessary and recommended for staff to be informed
of the student’s legal name and gender. In these situations, staff should
prioritize safety, confidentiality and respect of the student in a manner
consistent with the law.
3. If school personnel are unsure how a student wants to be addressed in
communications to home or in conferences with parents/legal
guardians/educational rights holders, they may privately ask the student
how they want to be referred to when communicating with
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 6 of 11 May 17, 2019
GUIDELINES
(cont.):
parents/legal guardians. For communications with a student’s
parent/legal guardian, educational rights holders, school personnel
should refer to this policy’s prior section on “Privacy and
Confidentiality.”
4. Every effort should be made to use names and pronouns consistent with
a student’s gender identity. While inadvertent slips or honest mistakes
may occur, the intentional and persistent refusal to respect a student’s
gender identity is a violation of District policy and may constitute
discrimination under State law.
E. Student Safety
1. School staff must ensure that students are provided with a safe school
environment that is free of discrimination, harassment, bullying or
intimidation, which may include providing interim safety and
emotional support measures. School staff and families should work
together to resolve complaints alleging discrimination, harassment,
bullying or intimidation based on a student’s actual or perceived gender
identity or expression. For consideration whether a sexual harassment
investigation is warranted, refer to BUL-3349.1, Sexual Harassment
Policy (Student-to-Student, Adult-to-Student, and Student-to-Adult).
2. School staff shall take all reported incidents of bullying seriously and
take appropriate measures to ensure that the bullying stops. Refer to
BUL-5212.1, Bullying and Hazing Policy (Student-to-Student and
Student-to-Adult).
3. School administration shall respond immediately to incidents of
discrimination, harassment, bullying or intimidation by taking actions
that include, but are not limited to the following: a) intervening to stop
the behavior; b) investigating and documenting the matter; c)
determining and enforcing appropriate interim measures and corrective
actions; and d) monitoring to ensure that the behavior does not reoccur.
4. School staff should take all reasonable steps to ensure safety and access
for students and support students’ rights to assert their gender identity
and expression. Interim safety measures may include increased
monitoring of the parties, providing options for the parties to avoid or
minimize contact in academic and extracurricular settings, safety plans,
training and educational materials to address climate, and provision of
support resources (e.g., academic support, counseling, health and
mental health services).
5. Students shall not be disciplined on the basis of their actual or
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 7 of 11 May 17, 2019
GUIDELINES
(cont.):
perceived gender identity or expression.
6. Students shall be informed they have the responsibility to report
incidents of discrimination, harassment, bullying or intimidation to the
designated site administrator or Title IX/Bullying Complaint Manager
in cases where they may be a target or witness.
7. Students shall be informed of their role in ensuring a school
environment that is free from discrimination, harassment, bullying or
intimidation.
8. In addition to or instead of filing a complaint at a site, any student or
their duly authorized representative has the right to file a
discrimination, harassment, bullying or intimidation complaint
involving gender identity and expression under the Uniform Complaint
Procedures with the District’s Educational Equity Compliance Office at
333 South Beaudry Avenue, 20
th
Floor, Los Angeles, California 90017,
information, visit http://achieve.lausd.net/eeco.
F. Restroom Accessibility
1. Schools may maintain separate restroom facilities for male and female
students. Students shall have access to restrooms that correspond to
their gender identity. Students who identify as nonbinary should be
granted access to the facility which they find best aligns with their
gender identity.
2. If a student desires increased privacy, regardless of the reason, the
administrator shall make every effort to provide the student with
reasonable access to an alternative restroom such as a single-stall or
all-gender restroom. The use of a restroom should be determined by the
student’s choice; no student shall be compelled to use an alternative
restroom. For safety reasons, students should be given access to a
restroom that allows reasonable access for appropriate supervision by
staff. Regardless, all students are expected to exemplify appropriate
behavior in restrooms.
3. Refer to REF 6799.0, Sex-Specific and All-Gender Single and
Multiple-User Restrooms, for more information about all-gender
restrooms.
G. Locker Room Accessibility
1. Schools may maintain separate locker room facilities for male and
female students. Students shall have access to the locker room facility
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 8 of 11 May 17, 2019
GUIDELINES
(cont.):
that corresponds to their gender identity. Students who identify as
nonbinary should be granted access to the locker room with which they
find best aligns with their gender identity, including access to
reasonable accommodations as indicated below.
2. If there is a request for increased privacy, any student shall be provided
access to a reasonable accommodation such as:
a. Assignment of a student locker in near proximity to the coaches’
office or a supportive peer group.
b. Use of a private area within the public area of the locker room
facility (e.g., nearby restroom stall with a door or an area separated
by a curtain).
c. Use of a nearby private area (e.g., nearby restroom or a health
office restroom).
d. A separate changing schedule.
H. Sports, Athletics and Physical Education
1. When conducting physical education classes and fitness evaluations,
teachers will address and evaluate students by their gender identity.
Performance on the state physical fitness test (Fitnessgram) is
evaluated by the State of California in accordance with the sex
reported. Students are to be tested according to their gender identity
when students identify with a gender different from that in their pupil
records. Test administration on this instrument allows for a designation
of nonbinary or for students to not disclose their gender to the test
administrator. However, the Healthy Fitness Zone charts, or health-
related standards used to evaluate performance, are based on female
and male genders only. In these events, physical education teachers
shall make every effort to maintain confidentiality of student
information.
2. Participation in competitive athletics, intramural sports, athletic teams,
competitions and contact sports shall be facilitated in a manner
consistent with the student’s gender identity and in accordance with the
California Interscholastic Federation constitution and bylaws. Students
who identify as nonbinary should be granted the opportunity to
participate in athletic activities they find best align with their gender
identity.
I. School Activities and Programs
Students have the right to equitable access to activities and programs in
their school. Students may not be excluded from participation in, be
denied the benefits of, or be subjected to harassment or other forms of
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 9 of 11 May 17, 2019
GUIDELINES
(cont.):
discrimination on the basis of their actual or perceived gender identity
or expression in any program or activity. These activities and programs
may include, but are not limited to, cheer class, homecoming, prom,
spirit day, celebrations, assemblies, acknowledgments, field trips,
afterschool activities and programs, and all extra-curricular activities.
J. Course Accessibility and Instruction
Students have the right to equitable learning opportunities in their
school. Students shall not be required to take or be denied enrollment
in a course on the basis of their actual or perceived gender identity or
expression in any educational and academic program.
K. Dress Codes/School Uniform Policies
1. A school’s dress code and school uniform policy shall be gender-
neutral. Schools cannot enforce specific attire based on gender.
2. Students have the right to dress in accordance with their gender identity
within the parameters of the dress code as it relates to the school
uniform or safety issues.
RELATED
RESOURCES:
Bullying and Hazing Policy (Student-to-Student and Student-to-Adult), BUL-
5212.1, September 17, 2012, Office of the Superintendent
Code of Conduct with Students - Distribution and Dissemination Requirement,
BUL-5167.0, July 1, 2010, Office of the Superintendent
Educating for Diversity, LAUSD Board Resolution, March 16, 1992
Fair, Accurate, Inclusive and Respectful (FAIR) Education Act, BUL-5898.0,
October 9, 2012, Office of Curriculum, Instruction and School Support
Gold Book, Los Angeles City Section, California Interscholastic Federation,
“Gender Identity Participation”
Incident System Tracking Accountability Report (ISTAR), BUL-5269.2, July
10, 2013, School Operations
LGBT and Sexual Orientation Anti-Bullying Resolution, LAUSD Board
Resolution, September 13, 2011
LGBTQ Resources, Updated by the Educational Equity Compliance Office
Name and/or Gender of Pupils for Purposes of School Records, BUL-5703.3,
February 15, 2019, Office of Data and Accountability
LOS ANGELES UNIFIED SCHOOL DISTRICT
Policy Bulletin
BUL-6224.2
Office of the General Counsel Page 10 of 11 May 17, 2019
RELATED
RESOURCES
(cont.):
Nondiscrimination Required Notices, MEM-5818, issued annually, Office of
the General Counsel
Physical Education Programs, Grades K-12, BUL-2528.1, December 21, 2009,
Office of Curriculum, Instruction and School Support
Responding to and Reporting Hate-Motivated Incidents and Crimes, BUL-
2047.2, September 4, 2018, Office of the General Counsel
Sex Equity in Physical Education Programs, BUL-1826.0, August 5, 2005,
Secondary Instructional Services
Sex-Specific and All-Gender Single and Multiple-User Restrooms, REF-
6799.0, February 28, 2017, Office of the General Counsel
Sexual Harassment Policy (Student-to-Student, Student-to-Adult, Adult-to-
Student), BUL-3349.1, August 6, 2014, Office of the General Counsel
Student Dress Codes/Uniforms, BUL-6494.1, June 22, 2015, Division of
District Operations
Title IX Policy/Complaint Procedures, BUL-2521.2, February 14, 2018, Office
of the General Counsel
To Enforce the Respectful Treatment of All Persons, LAUSD Board
Resolution, October 10, 1988
Uniform Complaint Procedures (UCP), BUL-5159.9, January 31, 2019, Office
of the General Counsel.
AUTHORITY:
Title IX of the Education Amendments of 1972, 42 U.S.C. 1681
Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000c et seq.
California Education Code Sections § 201, § 210.7, §221.5, § 220, and § 231
“Gold Book,” Los Angeles City Section, California Interscholastic Federation
ASSISTANCE:
For further information:
Division of District Operations, (213) 241-5337
Educational Equity Compliance Office, (213) 241-7682
Health Education Programs, (213) 241-2554
Human Relations, Diversity and Equity, (213) 241-8719
Information Technology HelpDesk, (213) 241-5200
Interscholastic Athletics, (213) 241-5847
Office of the General Counsel, (213) 241-7600
Physical Education, (213) 241-4134
