Student Rights Pursuant to Education Code Section 221.8
Education Code section 221.8 provides as follows:
The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), may be used by the department for purposes of Section 221.6:
Title IX protects all students from sex-based harassment, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex. Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity, and a recipient must accept and appropriately respond to all complaints of sex discrimination. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a recipient’s obligations. A recipient should investigate and resolve allegations of sexual or gender-based harassment of lesbian, gay, bisexual, and transgender students using the same procedures and standards that it uses in all complaints involving sex-based harassment. The fact that an incident of sex-based harassment may be accompanied by anti-gay comments or be partly based on a student’s actual or perceived sexual orientation does not relieve a recipient of its obligation under Title IX to investigate and remedy such an incident.
The Office of Equal Opportunity is part of the Office of the State Superintendent.
Equal Opportunity and Access
Discloses the practices of the California Department of Education to ensure equal, fair, and meaningful access to its employment and program services.
Implementation and administration of procedures for resolving Title IX complaints; educating the school community on how to file a complaint alleging a violation of Title IX; investigating complaints, working with law enforcement when necessary; and ensuring that complaints are resolved promptly and appropriately. Coordinate the District’s response to all complaints involving possible sex discrimination; monitor outcomes, identify patterns, and assess effects on the campus climate.
Develop a method to survey the school climate and coordinate the collection and analysis of information from that survey.
Monitor students’ participation in athletics and across academic fields to identify programs with disproportionate enrollment based on sex and ensure that sex discrimination is not causing any dis-proportionality or otherwise negatively affecting a student’s access to equal educational opportunities.
Provide training and technical assistance on school policies related to sex discrimination and develop programs, such as assemblies or trainings, on issues related to Title IX to make sure that all members of the school community, including students and staff, are aware of their rights and obligations under Title IX.
Adopt and publish grievance procedures providing for the prompt and equitable resolution of student and employee complaints under Title IX.
When operating or sponsoring interscholastic, intercollegiate, club or intramural athletics the District must provide equal athletic opportunities for members of both sexes and to consider, among others, the following factors: (1) the provision of equipment and supplies; (2) scheduling of games and practice time; (3) travel and per diem allowances; (4) opportunity for coaching and academic tutoring; (5) assignment and compensation of coaches and tutors; (6) provision of locker rooms, and practice and competitive facilities; (7) provision of medical and training facilities and services; (8) housing and dining services; (9) publicity; (10) recruitment; and (11) support services.
Make sure that complaints are processed appropriately.
Honor obligation not to discriminate against students based on their parental, family, or marital status, or exclude pregnant or parenting students from participating in any educational program, including extracurricular activities.
Coordinate the recipient’s response to complaints of discrimination against pregnant and parenting students.
Provide training to students so they know that Title IX prohibits discrimination against pregnant and parenting students, provide workshops to administrators, teachers, and other staff on the Department’s Title IX regulations and OCR guidance related to pregnant and parenting students. Develop a method to meet the unique educational, child care, and health care needs of pregnant and parenting students.
Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the decision.
Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.
Board Policy and Administrative Regulation 1312.3 – Uniform Complaint Procedures at the following web address: http://gamutonline.net/indexframes.html
Pregnant and Parenting Teens
Pregnant or parenting students have the right to attend their current school or any district school and to participate in any program or activity for which they would otherwise qualify in an environment free of discrimination or harassment. Participation in any school or program specifically designed for pregnant or parenting students such as pregnant minor schools or Cal-SAFE programs must be completely voluntary on the part of the student. Consult with the School Nurse for further information or referrals.
A Project of the National Center for Youth Law
“Teen Legal Guide to Sex, Pregnancy and Parenting in California”
Resources for Transgender and Gender-Nonconforming Students
Title IX protects all students, including transgender and gender-nonconforming students, from sex discrimination. Title IX encompasses discrimination based on a student’s nonconformity with sex stereotypes and gender identity, including a student’s transgender status. Once a school is notified that a student will begin asserting a gender identity that differs from previous representations or records, the school must begin treating the student consistent with the student’s gender identity. When a school provides sex-segregated activities or facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity. Moreover, the privacy of students records are protected under Title IX and the Family Educational Rights and Privacy Act (FERPA).
A school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.
Schools can provide additional privacy options to any student for any reason. The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available.
Respond promptly and effectively to sex-based harassment of all students, including harassment based on a student’s actual or perceived gender identity, transgender status, or gender transition;
Treat students consistent with their gender identity even if their school records or identification documents indicate a different sex;
Allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; and
Protect students’ privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act.
DJUHSD is committed to providing a safe and civil learning and working environment. The District takes a strong position against bullying, hazing, or any behavior that infringes on the safety or well-being of students, employees, or any other persons within the District’s jurisdiction or interferes with learning or the ability to teach. The District prohibits retaliation against anyone who files a complaint or participates in the complaint investigation process.
Bullying and hazing are part of a continuum of aggressive or violent behaviors. Some acts of bullying or hazing can and do constitute other categories of misconduct such as assault, battery, child abuse, hate-motivated incident, criminal activity or sexual harassment and, as such, violate other District policies. In such cases, District personnel are obligated to follow appropriate District reporting guidelines.
Bullying Frequently Asked Questions
Bullying Prevention and Intervention Tips for Families
Be An Ally Six Ways
What to Do if Your Child Exhibits Bullying Behavior
Students, Don’t Let Others Bully or Harass You
Internet Safety Strategies for Youth
BP 5131 Conduct
BP 5137 Positive School Climate
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
For additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may use the Federal Relay Service.
Or you may contact us at the following address: