Risk Assessment Survey. Protected Classes

Transcription

1 Risk Assessment Survey Protected Classes

2 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: Contact Name: Title: 1 st Score 2 nd Score Pts. Avail l. Religion 10 A. District provides all building administrators and department supervisors information/training on accommodating student and employee religious needs Requirement Provided Resources Scoring Criteria Religion in Schools (OSPI): oninschools/default.aspx Religious Discrimination in Education (U.S. DOJ): ics/religiousdiscrimination/ff_educat ion.php EEOC and HRC Guide To Religion And Washington State Nondiscrimination Laws United States Equal Employment Opportunity Commission Religious Discrimination igion.cfm Copy information/training materials distributed regarding accommodating staff and student religious needs to all building administrators and department supervisors Documentation all building administrators, department supervisors received information/ training regarding accommodating staff and student religious needs 10 B. District provides all building principals and appropriate staff (facility coordinators, etc.) information/training on allowing religious clubs and activities on campus 20 Subtotal s/guides.html U.S. Dept. Of Education - Legal Guidelines Regarding The Equal Access Act uid/secletter/groupsguide.doc Copy information/training materials distributed regarding religious clubs and activities to all building principals and appropriate staff Documentation all building principals and appropriate staff received information/training regarding religious clubs and activities 2014 Washington Schools Risk Management Pool

3 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: 1 st Score 2 nd Score Pts. Avail Requirement ll. Service Animals 10 C. District has adopted policy/procedure or protocol regarding service animals in school facilities and distributed to all building principals, department supervisors and district administrators Provided Resources In Manual Appendices WA State HRC Guide To Service Animals and The Washington State Law Against Discrimination mals/service%20animals%20and%2 0the%20Washington%20Law%20Aga inst%20discrimination.pdf Sample Policy 2030 and 2030p Scoring Criteria Copy policy/procedure or protocol adopted and distributed regarding service animals in school facilities Documentation each building principal, department supervisor and district administrator received policy/procedure or protocol regarding service animals in school 10 D. District has adopted policy/procedure or protocol regarding non-service animals in school facilities and distributed to all building principals, department supervisors and district administrators 20 Subtotal WSRMP Animals in Classroom Guidelines Port Angeles SD Policy 2029, 2029P and 2029F 3B861F-1 Appendix F; OSPI K-12 Health Safety guide Publications/pubdocs/CompleteSafe ty&healthmanual pdf Copy policy/procedure or protocol adopted and distributed regarding non-service animals in school facilities Documentation each building principal, department supervisor and district administrator received policy/procedure or protocol regarding nonservice animals in school 2014 Washington Schools Risk Management Pool

4 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: III. Gender Identity And Expression 10 E. District has adopted policy/procedure or protocol regarding student gender identity, gender expression rights and distributed to all building principals and district administrators 5 F. District provides information/ training to all staff regarding gender expression and gender identity 5 G. District provides all athletic staff information/training regarding gender identity, gender expression rights in extracurricular athletics 20 Subtotal WSSDA Transgender Student Policy (3211) ocs/3211transgenderstudents.doc WSSDA Transgender Student Procedure (3211P) ocs/3211proceduretransgenderstud ents.doc Webinar: GLSEN (34 min) ors-support-trans-and-gnc-students SafeSchools training: Making Schools Safe for LGBT Students ACLU WA State Transgender Guide (2014) nts/transgender%20guide% pdf WA state HRC Guide To Sexual Orientation And Gender Identity s/guidance/guideso pdf WIAA and Appendix 6 ( WIAA Handbook) Copy policy/procedure or protocol adopted and distributed regarding student gender identity, gender expression rights Documentation each building principal, and district administrator received policy/procedure or protocol Copy information/training materials distributed to staff regarding gender expression and gender identity Documentation all staff received information/ training regarding gender expression and gender identity Copy information/training materials provided to athletic staff regarding staff/student gender identity, gender expression rights in extracurricular athletics Documentation information/training received by all athletic staff 2014 Washington Schools Risk Management Pool

5 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: 1 st Score 2 nd Score Pts. Avail IV. Student Accommodations 10 H. District has provided information/training to all athletic directors, and coaching staff regarding students with disabilities and athletic participation Requirement Provided Resources Scoring Criteria Dear Colleague Letter: Students with Disabilities in Extracurricular Athletics (January 25, 2013) st/ocr/letters/colleague pdf Copy information/training materials provided to athletic staff regarding students with disabilities and athletic participation Documentation athletic staff received information/training regarding students with disabilities and athletic participation 10 I. District has developed policy/procedures or protocol on accommodating students with life threatening food allergies and provided the information to appropriate staff 20 Subtotal Dear Colleague Letter fact Sheet st/ocr/docs/dcl-factsheet html Anaphylaxis Prevention and Response Policy (3420) Anaphylaxis Prevention and Response procedures (3420P) OSPI Guidelines for the Care of Students with Anaphylaxis es/publications/ aspx Copy policy/procedure or protocol adopted and distributed regarding accommodating students with life threatening allergies Documentation appropriate staff received policy/procedure or protocol regarding accommodating students with life threatening allergies 2014 Washington Schools Risk Management Pool

6 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: 1 st Score 2 nd Score Pts. Avail V. Discrimination Law 10 J. District updates policies and procedures in correlation with adopted changes* in CHAPTER WAC ~ Rules for Equal Educational Opportunity Unlawful Discrimination Prohibited Requirement Provided Resources Scoring Criteria OSPI Notice Of Public Hearing And Intention To Amend CHAPTER WAC ~ Rules for Equal Educational Opportunity Unlawful Discrimination Prohibited cs/ complaintprocessrulechange.pdf How to Make a Complaint of Unlawful Discrimination With Your School District Copy updated policy and/or procedure with appropriate adoption date 10 K. District distributes any policy/procedure changes to all staff 20 Subtotal 100 TOTAL laints.aspx *(WSRMP will forward appropriate materials when changes to the law are finalized) *(WSRMP will forward appropriate materials when changes to the law are finalized) Documentation new policy/procedure distributed or made available to all staff 2014 Washington Schools Risk Management Pool

7 Protected Classes Risk Assessment Standards (RAS) RAS Scoring Sheet School District: Date: 1 st Score Bonus 2 nd Score Pts. Avail 5 L. District has updated their School District Compliance Coordinators on OSPI website 5 M. District provides information/training to all staff regarding Diversity Awareness 10 Subtotal 110 TOTAL w Bonus Requirement Provided Resources Scoring Criteria ty/contactlist.aspx Safe School Trainings: Diversity Awareness: Staffto-Staff (20 min) Diversity Awareness: Staffto-Student(25 min) Provide documentation from OSPI website that district information is up to date Provide copy of the information/training materials provided to all staff on Diversity Awareness Documentation all staff received information/training on Diversity Awareness 2014 Washington Schools Risk Management Pool

8 Protected Classes RAS Introduction The Washington Schools Risk Management Pool (WSRMP) selected specific areas to review based on recent discrimination claims, new proposed model policies and the anticipated changes in the complaint process. While not inclusive, this Risk Assessment Survey (RAS) will highlight many of the areas where our member will most likely benefit from providing administrators and staff updated information and guidance. Federal and State laws dealing with student and staff discrimination issues and protected rights are often complex and confusing. Washington State has broadened many of the federal definitions and legal requirements, making our state unique. In August 2014, OSPI began amending CHAPTER WAC, the Rules for Equal Educational Opportunity Prohibition of Unlawful Discrimination. We are still awaiting the final adoption of these changes. The materials in this RAS were not created by WSRMP. They are a collection of the resources provided by our state agencies that oversee many of the areas we will be focusing on, or the policies and protocols various members are utilizing. A detailed list of the materials and their digital location will be included in the Resources on pages 9-11 of this document. In addition, WSRMP will continue to follow the progress of the changes to CHAPTER WAC and provide our members the information they will need to be compliant upon its final adoption. The Equal Employment Opportunity Commission (EEOC) oversees Federal employment regulations and can be accessed by calling or on their website at The website can also help you locate an EEOC field office in our state. The Human Rights Commission enforces state antidiscrimination law in Washington. You can contact the Human Rights Commission at or Disclaimer The materials contained in this guide are a collection of best practices and resources, assembled to provide you and your district with assistance through the process of developing your district s own unique policies and procedures. The information provided is not intended to replace professional legal advice. The contents of this guide may be updated as needed without notice Washington Schools Risk Management Pool

9 Protected Classes RAS Resources Section I.A Religion in Schools (OSPI): o Frequently Asked Questions o Guidance on Constitutionally Protected Prayer (US Department of Education) o Religious Holidays in Public Schools Jointly sponsored Q&A. Finding Common Ground by Charles C. Haynes and Oliver Thomas, First Amendment Center. o RCW 28A : Students' rights of religious expression o Chapter 28A.642 RCW: Discrimination prohibited in Washington public schools Religious Discrimination in Education (U.S. DOJ): o Harassment o Student Religious Expression o Religious Dress o Religious Holidays WA State HRC Guide to Religion and Washington State Nondiscrimination Laws (pdf) o o o Religion or Creed Reasonable Accommodation Discrimination United States Equal Employment Opportunity Commission Religious Discrimination Section I.B U.S. Dept. of Education Legal Guidelines Regarding the Equal Access Act o General Scope o Legal Principles and Obligations o Issues to Consider When Applying the Act Section II.C WA State HRC Guide to Service Animals and The Washington State Law Against Discrimination o Training o Service Animals in Places of Public Accommodation o Food Establishments o Housing o Employment WSSDA Service Animals in School Policy 2030* WSSDA Service Animals in School Procedure 2030p* Section II.D WSRMP Animals in the Classroom Guidelines Port Angeles SD Policy 2029,2029P, 2029F Appendix F; OSPI K-12 Health Safety Guide o Animals Which Are UNACCEPTABLE for Schools o General Guidelines for Animals in Schools o Proper Restraint of Animals o Special Conditions for Specific Animals Page 1 of Washington Schools Risk Management Pool

10 o o Student Contact with Animals Handling and Disposing of Animal Wastes While on School Campuses Section III.E WSSDA Transgender Student Policy (3211)* WSSDA Transgender Student Procedure (3211P)* Section III.F Webinar: GLSEN (34 min) Safe Schools Training: Making Schools Safe for LGBT Students ACLU WA State Transgender Guide (2014) o Discrimination and Harassment o Name Change and Identity Documents o Family Matters o Health Care Coverage o Criminal Law o Rights in Prison o Immigration o Notes on Words and Phrases Used WA State HRC Guide to Sexual Orientation and Gender Identity o General Issues o Insurance o Employment o Public Accommodation Section III.G WIAA 18.5 and Appendix 6 ( WIAA Handbook) o 18.5: Philosophy of Gender Identity Participation o Appendix 6: Gender Identity Definitions and Core Values Section IV.H Dear Colleague Letter: Students with Disabilities in Extracurricular Athletics (January 25, 2013) o Overview of Section 504 Requirements o Do Not Act on Generalizations and Stereotypes o Ensure Equal Opportunity for Participation o Offering Separate or Different Athletic Opportunities Section IV.I 3420 Anaphylaxis Prevention and Response Policy 3420P Anaphylaxis Prevention and Response Procedures OSPI Guidelines for the Care of Students with Anaphylaxis o SECTION 1 Overview of Allergies and Anaphylaxis o SECTION 2 State and Federal Laws o SECTION 3 School District Policies and Procedures o SECTION 4 Roles and Responsibilities o SECTION 5 Sample Forms o SECTION 6 Resources o SECTION 7 Frequently Asked Questions (FAQs) o SECTION 8 References o SECTION 9 Common Definitions Section V.J OSPI Notice of Public Hearing and Intention to Amend Chapter WAC ~ Rules for Equal Educational Opportunity Unlawful Discrimination Prohibited o WAC Purpose -Elimination of unlawful discrimination in public schools o WAC Compliance with Federal Law Page 2 of Washington Schools Risk Management Pool

11 o Counseling and guidance services: WAC o Training: WAC o Recreational and Athletic Activities: WAC , WAC , WAC , WAC o Access to Course Offerings: WAC , WAC , WAC o Textbooks and Instructional Materials: WAC o Harassment: WAC , WAC , WAC , WAC , WAC o Employment: WAC , WAC o Compliance and Complaint Procedures: WAC , WAC , WAC , WAC , WAC o Monitoring: WAC , WAC , WAC , WAC , WAC How to Make a Complaint of Unlawful Discrimination With Your School District Bonus L. Bonus M. Safe Schools Trainings o Diversity Awareness: Staff-to-Staff (20 min) o Diversity Awareness: Staff-to-Student (25 min) *Sample WSSDA policies provided publicly via website: Page 3 of Washington Schools Risk Management Pool

12 I. Religion

13 Item A District provides all building administrators and department supervisors with information/training on accommodating employee and student religious needs

14 Protected Classes RAS Resources (A) School district staff, parents, and organizations often ask what is allowable under state and federal laws as well as the First Amendment of the U.S. Constitution regarding religious expression in public schools. RCW 28A provides guidance to local school districts as well as instructing OSPI to distribute information about laws governing students right to religious expression. Religion and the Public Schools Resource Guide compiled by OSPI is available online at Religious Discrimination in Education (U.S. DOJ): The U.S. Department Justice Religious Discrimination in the workplace is prohibited by both federal and Washington State laws. United States Equal Employment Opportunity Commission Religious Discrimination WA State HRC Guide to Religion and Washington State Nondiscrimination Laws Washington Schools Risk Management Pool

15 Item B District provides all building principals and appropriate staff (facility coordinators, etc.) information/training on allowing religious clubs and activities on campus

16 Protected Classes RAS Resources (B) U.S. Department Education-Legal Guidelines Regarding the Equal Access Act and the Recognition of Student-Led Non-curricular Groups Washington Schools Risk Management Pool

17 II. Service Animals

18 Item C District has adopted policy/procedure or protocol regarding service animals in school facilities and distributed to all building principals, department supervisors and district administrators

19 Protected Classes RAS Resources (C) WA State HRC Guide to Service Animals and the Washington State Law Against Discrimination 20Law%20Against%20Discrimination.pdf 2014 Washington Schools Risk Management Pool

20 Service Animals in Schools Policy No Instruction The Board of Directors acknowledges its responsibility to permit students and/or adults with disabilities to be accompanied by a service animal as required by federal laws and Washington State s law against discrimination. This policy governs the presence of service animals in the schools, on school property, including school buses and at school activities. A service animal means an animal that is trained for the purpose of assisting or accommodating a disabled person s sensory, mental or physical disability. The parent/guardian of a student who believes the student needs to bring a service animal to school or an employee who wishes to bring a service animal to school, must submit a written request to the building principal. The building principal, in consultation with the Section 504 coordinator or director of special services, as appropriate, will determine whether or not to permit the service animal in school. Cross Reference: Model Policy 2029 Animals as Part of the Instructional Program Model Policy 2161 Education of Students with Disabilities Model Policy 2162 Education of Students with Disabilities Under Section 504 Model Policy 3210 Nondiscrimination Model Policy 5010 Nondiscrimination and Affirmative Action Legal References: American Disabilities Act (ADA), Revised Title II Regulations, 35 Service animals Section 504 of the Rehabilitation Act of 1973 RCW 28A.642 RCW WAC WAC (3) WAC A WAC A (3) WAC Discrimination Prohibition Definitions Public accomodations, disability discrimination General Operating Requirements Child with a Disability or Student eligible for Special Education Related Services Equal Educational Opportunity unlawful discrimination prohibited Adoption Date: School District Name: Revised: Classification: Priority

21 Procedure 2030P Service Animals in Schools A. Service Animal Uses Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure or performing other special tasks. Service animals are working animals, not pets. Use of a service animal by a student with a disability will be allowed in school when it is determined that the student s disability requires such use in order to assist or accommodate access to the instructional program, school services and/or school activities. Use of a service animal by an employee with a disability will be allowed when such use is necessary as a reasonable accommodation to enable the employee to perform the essential functions of their job or to access benefits of employment provided to all employees in the same job classification. The use of a service animal by an individual with a disability will not be conditioned on the payment of a fee, security deposit or surcharge. B. Requirements for Service Animal Access Before a service animal will be permitted in school, on school property or at school sponsored events, the student s parent or the employee must provide a description of the task(s) the service animal is expected to perform in assisting the person with a disability. The district will provide access to a person with a disability who needs a service animal provided that the tasks performed by the service animal are directly related to the disability; and the animal has been individually trained to perform a task, is housebroken; is free of disease and parasites, has a harness, leash or tether so it cannot run free and is under the control of the person with a disability. A service animal must also be immunized in accordance with the laws, regulations and ordinances of the city of, the county, and the state of Washington. C. Parents or Animal Handlers Parents or animal handlers who will be present in school for the purpose of assisting a student with his/her service animal are required to submit to a sex offender registry and criminal background check. In addition, parents and handlers must comply with all standards of conduct that apply to school employees and volunteers. D. Removal or Exclusion of a Service Animal from School or School Property The building principal or district administrator may request an individual with a disability to remove a service animal from school, a school sponsored activity or school property if the animal is out of control and the animal s handler does not take effective action to control the animal. Examples of the animal being out of control include, but are not limited to the following: 1. The presence of the animal poses a direct threat to the health and/or safety of others; 2. The animal significantly disrupts or interferes with the instruction program, school activities or student learning. However, annoyance on the part of the others is not an unreasonable risk to property or others to justify the removal of the service animal; 3. The presence of the animal would result in a fundamental alteration of any school program; 4. The individual in control of the animal fails to appropriately care for the animal, including feeding, exercising, taking outside for performance of excretory functions and cleaning up after the animal; Page 1 of 3

22 Procedure 2030P 5. The animal fails to consistently perform the function(s)/service(s) to assist or accommodate the individual with the disability; 6. The animal is ill; or 7. The animal is not housebroken. If the district excludes a service animal, it will provide the individual with a disability the opportunity to participate in the service, program or activity without having the service animal on the premises. E. Service Animals at School-Sponsored Events Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property. The building administrator may revoke or exclude the service animals for the reasons set forth in paragraph D above. F. Responsibility/Liability 1. Neither the district, nor its employees, are responsible for the cost, care or supervision of the service animal. (See Policies 2161, Education of Students with Disabilities, and 2162, Education of Students with Disabilities Under Section 504, for responsibility for related services); 2. A service animal must be under the control of its handler. A service animal must also have a harness, leash or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether, or the use of the harness, leash or other tether would interfere with the service animal s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler s control (e.g., voice control, signals or other effective means); and 3. The owner/handler of the service animal is responsible for any and all damage caused by the service animal at school, on school premises or at school activities. G. Appeals A parent or employee whose service animal has been excluded or removed may appeal the decision to the superintendent. If dissatisfied with the superintendent s decision, the parent or employee may appeal to the board. H. Resources 1. District Contact (Insert the name/title of the district contact) 2. Superintendent of Public Instruction Equity and Civil Rights Office P.O. Box Olympia, WA Washington State Human Rights Commission 711 South Capitol Way, Suite 402 P.O. Box Olympia, WA Page 2 of 3

23 Procedure 2030P 4. Office of Civil Rights U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA Date: Page 3 of 3

24 Item D District has adopted policy/procedure or protocol regarding non-service animals in school facilities and distributed to all building principals, department supervisors and district administrators

25 Protected Classes RAS Resources (D) Port Angeles SD Policy 2029, 2029P and 2029F OSPI K-12 Health and Safety Guide - Appendix F Animals in the Classroom Washington Schools Risk Management Pool

26 Protected Classes RAS Guidelines for Animals in Classrooms It is strongly recommended that school districts adopt a policy regulating animals on school property whether visiting or residing in a classroom. The following "Animals in Schools" guidelines are in compliance with the Department of Health - Office of Superintendent of Public Instruction s Health and Safety Guide for K-12 Schools in Washington State ~ Appendix F. Obtain signed parental consent forms from students in the class. Children may be allergic to animal dander or fur and their parents must be notified ahead of time (See sample notification letter). The principal / building administrator must approve prior to bringing a pet to school (See sample request form). All animals will be contained in cages or on restraints. No animals will be allowed to roam free. Dogs must be on a leash at all times on school property. Keeping and handling of live animals in classrooms shall be in a designated area only. Designated areas shall include impervious, cleanable surfaces with spot ventilation directly to the outside of the building. According to Washington State law (RCW ), the owner of any dog which shall bite or injure anyone while such person is in or on a public place or lawfully in or on a private place shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. The dog owner is personally held strictly liable for the damage inflicted on any persons injured or harmed by the dog physically or emotionally in any manner. For the above reason, schools should not "own" a pet dog for the classroom. Staff should not bring dogs to school unless it is for "show and tell" within the school district's "Animals in Schools" policy, and they should understand they (as the dog s owner) will be held strictly liable in the event of injury. Obtain a signed agreement from staff member / pet owner acknowledging they are financially responsible for injuries caused by animals in accordance with the state dog bite law (RCW ). Improper care and handling of classroom "pets" can result in exposure of the students and staff to salmonella, campylobacter, psittacosis (parrot fever), rabies, toxoplasmosis, lice, ticks and fleas, as well as bites, scratches, and stings. Handling of any classroom "pet" is only allowed under adult supervision. Leather gloves are recommended whenever "pets" are handled. Hands should be washed after handling animals, cages, bedding, etc. Hand-washing facilities and soap should be readily available. Page 1 of Washington Schools Risk Management Pool

27 First aid kit and emergency contact procedures should be available. Notify local health department immediately if any animal bites occur on district property. Cages should be lockable and cleaned daily. Feed animals appropriate food on a regular basis and provide fresh water at all times to prevent animal illness and disease in the classroom environment. Store pet food in airtight, metal, or plastic-sealed containers (such as a plastic garbage can with lid). Use a metal screen or net to keep flammable bedding material from touching lights on heat lamps. Only animals, mammals, birds, fish and reptiles bred in captivity should be allowed in schools due to the wide variety of diseases carried by "wild" animals, mammals, fish, and reptiles. Animals must have current vaccinations appropriate to the species. Classroom animals are a common cause of indoor air quality problems. If adverse IAQ is a concern, remove all animals and live specimens from the school until the issue is adequately addressed. Ensure all classroom animals are properly cared for on weekends, holidays, and summer and winter breaks. Dead, sick, or diseased animals and/or feces-ridden cages are not conducive to a healthy classroom environment for the students. Designate who is financially responsible for any supplies, feed, and veterinarian fees a sick animal may incur. If there are any questions about these recommendations or any issue addressed in this article, please feel free to contact our Risk Services Department at Page 2 of Washington Schools Risk Management Pool

28 III. Gender Identity and Expression

29 Item E District has adopted policy/procedure or protocol regarding student gender identity, gender expression rights and distributed to all building principals and district administrators

30 Protected Classes RAS Resources (E) Policies and Procedures on student Gender Identity, Gender Expression WSSDA Transgender Student Policy (3211) WSSDA Transgender Student Procedure (3211P) Washington Schools Risk Management Pool

31 Item F District provides information/ training to all staff regarding gender expression and gender identity

32 Protected Classes RAS Resources (F) Staff Training on Gender Identity, Gender Expression Webinar: GLSEN (34 min) SafeSchools On-Line Training: Making Schools Safe for LGBT Students (20 mins) ACLU WA State Transgender Guide (2014) WA State HRC Guide to Sexual Orientation and Gender Identity Washington Schools Risk Management Pool

33 Item G District provides all athletic staff information/training regarding gender identity, gender expression in extracurricular athletics

34 WIAA Handbook PHILOSOPHY OF GENDER IDENTITY PARTICIPATION: The WIAA allows participation for all students regardless of their gender identity or expression. The purpose of this policy is to designate a set of criteria in which student-athletes are able to compete on a level playing field in a safe, competitive and friendly environment, free of discrimination. Fundamental fairness, as well as most local, state and federal rules and regulations, requires schools to provide transgender student-athletes with equal opportunities to participate in athletics. This policy creates a framework in which this participation may occur in a safe and healthy manner that is fair to all competitors GENDER IDENTITY PARTICIPATION - All students should have the opportunity to participate in WIAA activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student s records. Once the student has been granted eligibility to participate in the sport consistent with his/her gender identity, the eligibility is granted for the duration of the student s participation and does not need to be renewed every sports season or school year. All discussion and documentation will be kept confidential, and the proceedings will be sealed unless the student and family make a specific request. For Additional information on Gender Identity, refer to APPENDIX NOTICE TO THE SCHOOL: The student and/or parents shall contact the school administrator or athletic director indicating that the student has a consistent gender identity different than the gender listed on the student s school registration records, and that the student desires to participate in activities in a manner consistent with his/her gender identity NOTICE TO THE WIAA: The school administrator shall contact the WIAA office, which will assign a facilitator who will assist the school and student in preparation and completion of the WIAA Gender Identity eligibility appeal process FIRST LEVEL OF APPEAL: The student will be scheduled for an appeal hearing before an eligibility committee specifically established to hear gender identity appeals. The WIAA shall schedule a hearing as expeditiously as possible, but in no case later than five (5) school business days of that member school prior to the first full interscholastic contest that is the subject of the petition, or within a reasonable time thereafter in cases of emergency, including, but not limited to, any unforeseeable late student enrollment. The Gender Identity Eligibility Committee will be comprised of a minimum of three of the following persons one of whom must be from the physician or mental health profession category: A. Physician with experience in gender identity health care and the World Professional Association for Transgender Health (WPATH) Standards of Care. B. Psychiatrist, psychologist or licensed mental health professional familiar with the World Professional Association for Transgender Health (WPATH) Standards of Care. C. School administrator from a non-appealing school D. WIAA staff member E. Advocate familiar with Gender Identity and Expression issues

35 WIAA Handbook DOCUMENTATION: The appealing student should provide the Eligibility Committee with the following documentation and information: A. Current transcript and school registration information B. Documentation of student s consistent gender identification (e.g., affirmed written statements from student and/or parent/guardian and/or health care provider) C. Any other pertinent documentation or information SECOND LEVEL OF APPEAL: An aggrieved student wishing to appeal the Gender Identity Eligibility Committee decision shall file notice of appeal with the Executive Director of the WIAA on or before the tenth (10th) school business day following the date of receipt of the written decision of the Gender Identity Eligibility Committee denying the petition. An appeal to the WIAA Executive Director shall require the Executive Director to schedule a hearing to commence on or before the tenth (10th) school business day following the date of receipt of the written notice of appeal. Written notice of the time and place of the hearing shall be delivered to the petitioned appellant in person or by certified mail, with return receipt requested, no later than five (5) school business days of that member school prior to the date of the hearing. When there is confirmation of a student s consistent gender identity, the eligibility committee/wiaa Executive Director will affirm the student s eligibility to participate in WIAA activities consistent with the student s gender identification. The WIAA will facilitate the provision of resources and training for a member school seeking assistance regarding gender identity. APPENDIX 6 GENDER IDENTITY DEFINITIONS: For the purposes of this policy, the following definitions apply: 1. Transgender Person: A person whose gender identity does not match the sex assigned to him or her at birth. This cross gender identification is often referred to as gender dysphoria. When the gender dysphoria causes clinically significant distress or impairment, it is sometimes classified as Gender Identity Disorder. A transgender person who is born female bodied but identifies as male is referred to as a transgender man or a female-to-male transsexual. A transgender person who is born male-bodied but identifies as female is referred to as a transgender woman or a male-to-female transsexual. 2. Intersex Person: Intersex is a general term used to indicate a person born with a reproductive or sexual anatomy and/or chromosome pattern that doesn t seem to fit the typical definitions of female or male. This may be the result of several different medical conditions involving chromosomal variations, hormonal variations, ambiguous genitalia, and/or an anatomy that includes both male and female characteristics. The medical term for this condition is a Disorder of Sexual Development of DSD. Intersex is not the same as transgender, although some people identify as both intersex and transgender. However, the two groups may face similar situations in needing to change gender designations for the purposes of participation in school activities. 3. Gender Identity: A person s deeply-felt internal sense of being male or female. 4. Gender Expression: A person s external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns and social interactions. CORE VALUES: The WIAA Gender Identity policy has been developed based on the following core values: Recognizing the value of extra-curricular athletics for all students

36 WIAA Handbook Emphasizing that participation in extra-curricular athletics is not just allowed, but encouraged for all students Striving to create a Gender Identity and Expression policy that could be a model for other state associations Adhering to Washington state and federal law regarding gender equity and educational opportunity Operating from the presumption that all students will have access to programs and eligibility policies Enacting a policy that will maximize flexibility and privacy with minimal restrictions Creating a level playing field for all students Reducing economic barriers, especially for minority populations Addressing the concerns of parents, teachers and coaches through an educational component Acknowledging that the WIAA policy will likely need to be reviewed and revised to reflect increased medical understanding and evolving societal norms Grounding a policy in sound medical practice Preserving existing practices regarding girls participation on boys teams as per current WIAA policy. Providing a space for intersex and transgender students to exist and thrive Reducing bullying and harassment of students

37 IV. Student Accommodation

38 Item H District has provided information/training to all athletic directors and coaching staff regarding students with disabilities and athletic participation

39 Protected Classes RAS Resources (H) Dear Colleague Letter: Students with Disabilities in Extracurricular Athletics (January 25, 2013) Dear Colleague Letter: Fact Sheet Washington Schools Risk Management Pool

40 Item I District has developed policy/procedures or protocol on accommodating students with life threatening food allergies and provided the information to appropriate staff

41 Protected Classes RAS Resources (I) OSPI Guidelines for the Care of Students with Anaphylaxis Washington Schools Risk Management Pool

42 Policy No Students Anaphylaxis Prevention and Response Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist. The Board of Directors expects school administrators, teachers and support staff to be informed and aware of life threatening allergic reactions (anaphylaxis) and how to deal with the resulting medical emergencies. For students, some common life threatening allergens are peanuts, tree nuts, fish, bee or other insect stings, latex and some medications. Affected students require planned care and support during the school day and during school sponsored activities. Parents/guardians are responsible for informing the school about their student s potential risk for anaphylaxis and for ensuring the provision of ongoing health information and necessary medical supplies. The district will take reasonable measures to avoid allergens for affected students. The district will also train all staff in the awareness of anaphylaxis and prepare them to respond to emergencies. Additionally, student specific training will be provided for appropriate personnel. Even with the district s best efforts, staff and parents/guardians need to be aware that it is not possible to achieve a completely allergen-free environment. However, the district will take precautions to reduce the risk of a student having an anaphylactic reaction by developing strategies to minimize the presence of allergens in schools. Insert the following language if stocking undesignated epinephrine auto injectors: The district will maintain at designated school locations a supply of epinephrine auto injectors based on the number of students enrolled at the school. Undesignated epinephrine auto injectors must be obtained with a prescription in the name of the school by a licensed health professional within the scope of their prescribing authority and must be accompanied by a standing order protocol for their administration. In the event a student with a current prescription for an epinephrine auto injector on file at the school experiences an anaphylactic event, the school nurse or designated trained school personnel may use the school supply of epinephrine auto injectors to respond if the student s supply is not immediately available. In the event a student with a current prescription for epinephrine on file with the school or a student with undiagnosed anaphylaxis experiences an anaphylactic event, the school nurse may utilize the school supply of epinephrine to respond under the standing order protocol. The school s supply of epinephrine auto injectors does not negate parent/guardian responsibility to ensure that they provide the school with appropriate medication and treatment orders pursuant to RCW 28A if their student is identified with a life-threatening allergy. The superintendent will establish procedures to support this policy and to ensure: 1) Rescue protocol in cases of suspected anaphylaxis will follow OSPI s Guidelines for the Care of Students with Anaphylaxis (2009); 2) A simple and standardized format for emergency care plans is utilized; 3) A protocol is in place to ensure emergency care plans are current and completed; 4) Medication orders are clear and unambiguous;

43 Procedure No. 3420P Anaphylaxis Prevention and Response For students with a medically diagnosed life-threatening allergy (anaphylaxis), the district will take appropriate steps for the student s safety, including implementing a nursing care plan. The district will utilize the Guidelines for the Care of Students with Anaphylaxis published by the Office of the Superintendent of Public Instruction. Parent/Guardian Responsibility Prior to enrolling a student, the parent/guardian will inform the school in writing of the medically diagnosed allergy(ies) and risk of anaphylaxis. School districts will develop a process to identify students at risk for life-threatening allergies and to report this information to the school nurse. Upon receiving the diagnosis, school staff will contact the parent/guardian to develop a nursing care plan. A nursing care plan will be developed for each student with a medically diagnosed life-threatening allergy. Nursing Care Plan The written plan will identify the student s allergies, symptoms of exposure, practical strategies to minimize the risks and how to respond in an emergency. The principal or designee (school nurse) may arrange for a consultation with the parent/guardian prior to the first day of attendance to develop and discuss the nursing care plan. The plan will be developed by the parent, school nurse and appropriate school staff. If the treatment plan includes self-administration of medications, the parents, students and staff will comply with model policy and procedure 3419, Self-Administration of Asthma and Anaphylaxis Medication. Annually and prior to the first day of attendance, the student health file will contain: 1) a current, completed nursing care plan; 2) a written description of the treatment order, signed by a licensed health care provider; and 3) an adequate and current supply of autoinjectors (or other medications). The school will also recommend to the parents that a medical alert bracelet be worn by the student at all times. The parents/guardians are responsible for notifying the school if the student s condition changes and for providing the medical treatment order, appropriate autoinjectors and other medications as ordered by the prescriber. Students who have a medically diagnosed life-threatening allergy and no medication or treatment order presented to the school, will be excluded from school to the extent that the district can do so consistent with federal requirements for students with disabilities under the Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, and pursuant to the following due process requirements: A. Written notice to the parents, guardians or persons in loco parentis is delivered in person or by certified mail; B. Notice of the applicable laws, including a copy of the laws and rules; and C. The order that the student will be excluded from school immediately and until a medications and a treatment order are presented. Communications Plan and Responsibility of School Staff After the nursing care plan is developed, the school principal or a designee will inform appropriate staff regarding the affected student. The school nurse (registered nurse) will train appropriate staff regarding the affected student and the nursing care plan. The plan will be distributed to appropriate staff and placed in appropriate locations in the district (class room, office, school bus, lunchroom, near playground, etc.).with the permission of parents/guardian and the student, (if appropriate), other students and parents may be given information about anaphylaxis to support the student s safety and control exposure to allergens. Page 1 of 3

44 Procedure No. 3420P All School Staff Training Annually, each school principal will provide an in-service training on how to minimize exposure and how to respond to an anaphylaxis emergency. The training will include a review of avoidance strategies, recognition of symptoms, the emergency protocols to respond to an anaphylaxis episode (calling 911/EMS when symptoms of anaphylaxis are first observed)and hands-on training in the use of an autoinjector. Training should also include notification that more than one dose may be necessary in a prolonged anaphylaxis event. Student specific training and additional information will be provided (by the school nurse) to teachers, teacher s assistants, clerical staff, food service workers and bus drivers who will have known contact with a diagnosed student. Student-specific Training Annually, before the start of the school year and/or before the student attends school for the first time, the school nurse will provide student-specific training and additional information to teachers, teacher s assistants, clerical staff, food service workers, and bus drivers who will have known contact with a diagnosed student and are implementing the nursing care plan. Controlling the Exposure to Allergens Controlling the exposure to allergens requires the cooperation of parents, students, the health care community, school employees and the board. The district will inform parents of the presence of a student with life threatening allergies in their child s classroom and/or school and the measures being taken to protect the affected student. Parents will be asked to cooperate and limit the allergen in school lunches and snacks or other products. The district will discourage the sharing of food, utensils and containers. The district will take other precautions such as avoiding the use of party balloons or contact with latex gloves. Additionally, play areas will be specified that are lowest risk for the affected student. The district will also identify high-risk events and areas for students with life-threatening allergies, such as foods and beverages brought to school for seasonal events, school equipment and curricular materials used by large numbers of students (play-dough, stuffed toys, science projects, etc.) and implement appropriate accommodations. During school-sponsored activities, appropriate supervisors, staff and parents will be made aware of the identity of the student with life-threatening allergies, the allergens, symptoms and treatment. The lead teacher will ensure that the auto-injector is brought on field trips. Insert the following language if district stocks undesignated epinephrine autoinjectors: Undesignated Epinephrine Autoinjectors District Prescription and Standing Order Protocol The district will maintain a supply of undesignated epinephrine autoinjectors that will be prescribed in the name of the district by a licensed health professional with the authority to prescribe epinephrine autoinjectors. The district prescription is valid for one year only and will be renewed prior to the start of each school year. Each prescription must be accompanied by a standing order for the administration of schoolsupplied epinephrine autoinjectors for potentially life-threatening allergic reactions. The standing order protocol should include specific symptoms of anaphylaxis, the dose of medication and directions to summon emergency medical services (EMS 911) upon observance of symptoms of anaphylaxis. Parent/guardian notification should occur as soon as possible after EMS is notified. Page 2 of 3