Overview
In 2015, the 78th Legislature of the state of
Nevada passed Senate Bill 504, which was then signed into law by Governor
Sandoval. This bill required the
Department of Education to expand its existing Model Policy on Safe and
Respectful Learning Environments to include requirements and methods for
reporting violations of the state’s recently revised anti-bullying laws and a
host of required trainings. The
expansion to the Model Policy on Safe and Respectful Learning Environments was
approved by the Legislative Commission in January 2017.
Senate Bill 225 was passed during the 79th
Session of the Nevada Legislature and signed into law by then Governor Brian
Sandoval in June of 2017. The language
of SB 225 (2017) added a third requirement to the Model Policy for safe and
respectful learning environments: “requirements and methods for addressing the
rights and needs of persons of diverse gender identities or expressions.” (see NRS 388.133)
The state’s Model Policy on Safe and
Respectful Learning Environments as required by NRS 388.133 sets the minimum
standards for the policies that must be adopted by the boards of trustees of
school districts or the governing bodies of charter schools, as required by NRS 388.134.
The Department of Education engaged in a comprehensive
regulatory process, including engaging a diverse array of stakeholders, between
July 2017 through October 2018, to develop regulatory language that met the
requirements of state law. The resulting regulations can be found at the link
below (see NAC 388.880);
a summary outline of the provisions of that regulation specific to sex/gender
diverse students has also been provided below.
These regulations became effective upon passage by the
Legislative Commission on October
25, 2018. Boards of trustees of
school districts or governing bodies of charter schools must adopt the state’s
Model Policy on Safe and Respectful Learning Environments, or they may adopt an
expanded policy as long as it complies with all of the provisions of the
state’s Model Policy on Safe and Respectful Learning Environments; this
includes the provisions specific to sex/gender diverse students as found in NAC 388.880.
Links to Online Resources
State and Local Organizations
General resources for schools/educators:
Resources for family members, caregivers, and community members:
Resources for students:
Relevant State and Federal Laws or Policies
Dear Colleague Letter
on Transgender Students from the U.S. Department of Education’s Office for
Civil Rights
NOTE:
This Dear Colleague Letter was first published on May 13, 2016, then rescinded
on February 22, 2017, and re-instated on February
23, 2021.
Nevada Revised
Statutes 651.050 (defines places of public accommodation, to include
schools)
Nevada Revised
Statutes 651.070 (outlines rights to equal enjoyment of places of public
accommodation without discrimination or segregation)
NAC 388.880 (see also outline below)
These regulations became effective upon passage
by the Legislative Commission and filing with the Office of the Secretary of
State, which occurred on October
25, 2018.
Check back for updated links to Nevada
Administrative Code (NAC) Chapter 388 as they become available.
Brief summary outline of NAC 388.880:
- Subsection
1: Each school or district must 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
- must consider the individual characteristics and
unique circumstances of each person
- Subsection
2: Each governing body must adopt a policy that:
- includes an annual requirement for training of
each member of the governing body and each employee concerning the requirements
and needs of persons with diverse gender identities or expressions, which
includes:
- methods for appropriate engagement of
parents/guardians of sex/gender diverse pupils
- development and implementation of a plan to
address the rights and needs of sex/gender diverse persons
- instruction on appropriate definitions and
terminology to describe the requirements, needs, and experiences of sex/gender diverse persons
- has limitations on discipline except those
behaviors that constitute bullying/cyberbullying or that violate a district
regulation/policy
and
- a requirement that each administrator must
convene a team to develop an individualized plan to address the rights and
needs of the sex/gender diverse pupil
- the team includes the pupil, the
parent/guardian, one or more members of the school staff, and any community
based representative chosen by the parent/guardian
- the team submits the plan for approval by the
administrator
- Subsection
3: The individualized plan:
- must not conflict with:
- any NIAA regulations or policies
- with NRS 651.050; or
- district public use policies
- must take into consideration the rights and needs
of the individual pupil, the ability of the school to comply, and the rights
and needs of the student body at large
and
- must include, without limitation:
- methods to ensure the protection of privacy of
each person governed by the plan
- methods to support appropriate engagement of the
parent/guardian
- measures to ensure the use of the names and
pronouns of the pupil in all verbal or written communication, as designated by
the parent/guardian during registration or enrollment or in the student information
system (Infinite Campus)
- measure to ensure the pupil’s access to
appropriate and supportive academic course and services, including
- relevant and meaningful classroom activities
that not discriminate or segregate according to gender identity or expression;
and
- appropriate PE, assemblies, dances, ceremonies,
intramural activities and other school activities that do not discriminate or
segregate according to gender identity or expression
- measures to ensure access to appropriate and
supportive school clubs and support groups for the family of the pupil
- necessary measures to ensure that the pupil is
able to dress and act in accordance with their gender identity or expression,
including
- any accommodation necessary to ensure compliance
with a dress code or uniform policy in a way that is physically and emotionally
comfortable
- policies for yearbook photos that allow the
pupil to choose clothing that align with the gender identity or expression or,
if applicable, are non-gender specific (i.e. senior photos)
- authorization for the pupil to select the cap
and gown combination which align with the gender identity or expression
and
- a requirement that the name designated by the
parent/guardian be read during ceremonies and other events, including
graduation ceremonies
- Subsection
4: The plan required by paragraph (c) of subsection 2 is not required to
include an item listed under paragraph (c) of subsection 3 if the
parent/guardian elects to omit it.
- Subsection
5: To support compliance with the Model Policy for a Safe and Respectful
Learning Environment (NRS 388.133) and the plans required of districts/charters
(NRS 388.134), the NDE will provide to districts/charters, at minimum on an
annual basis, a list of resource for addressing the rights and needs of persons
with diverse gender identities or expressions which reflect nationally accepted
best practices.