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Approval Date: October 26, 2021
Amended: February, 2024

FB- Transgender Students

Definitions

1. “Assigned gender.” This is the gender designated at the time of birth and may also be thought of as the gender corresponding to the individual’s original physiology, or biological gender.
2. “Gender identity.” This is the individual’s internal sense of gender, and “identified gender” refers to the gender that matches this internal sense. Gender identity can be shown by information including but not limited to medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person's core identity, and not being asserted for an improper purpose.
3. “Gender expression” means the external cues or indications used to communicate gender to others, such as behavior, clothing, hairstyles, activities, voice, mannerisms, or body characteristics.
4. “Transgender” means that an individual’s assigned gender differs from the individual’s gender identity.
5. “Transgender boy” (or “transgender man”) is an individual whose assigned gender is female but whose gender identity is male.
6. “Transgender girl” (or “transgender woman”) is an individual whose assigned gender is male but whose gender identity is female.
7. “Privacy space” means a restroom or changing room within a facility owned and operated by the District, where an individual has a reasonable expectation of privacy.

Records and References

The official records of the student shall reflect the student’s legal name and gender, which is the name and gender listed on the student’s birth certificate or as changed by court order. Access to this portion of official student records shall be restricted to maintain the confidentiality of a student’s transgender status.

Utah Code § 26-2-11 (1995)
Utah Code § 42-1-1 (1933)

The unofficial records of the student shall reflect the preferred name and gender identity of the student. Students shall be addressed or referred to by the pronouns associated with the identified gender: transgender boys shall be referred to using “he” “his” and “him” and transgender girls shall be referred to using “she” and “her.”

Changes to the unofficial record of a student, who is a minor, require the approval of the student’s parent or guardian.

A student’s transgender status shall not be disclosed without the student’s consent except as expressly authorized by the superintendent following such legal consultation as the superintendent determines is appropriate.

Facilities

A student may only access an operational sex-designated privacy space within a public school that is designated for student use if the student's sex corresponds with the sex designation of the privacy space.

For a student who makes a request to use a privacy space other than the sex-designated privacy space that corresponds with the student's sex because of the student's gender identity, or reasonable fear of bullying, the school board, shall coordinate with the student's parent or legal guardian to develop a privacy plan that provides the student with:

1. reasonable access to a unisex or single-occupant facility; or
2. reasonable access to a faculty or staff restroom; or
3. if the access described is unavailable, reasonable access to private use of an otherwise sex-designated privacy space through staggered scheduling or another policy provision that provides for temporary private access.

Utah Code §63G-31-301 (2024)

Classes and Activities

When classes or intramural activities are segregated by gender, transgender students are to be grouped according to the student’s gender identity. Where students are grouped according to qualities which may have some association with gender (such as vocal quality for singing groups), the pertinent quality shall be evaluated without regard to assigned gender or transgender status. Where school activities involve overnight travel, lodging arrangements for transgender students shall take into consideration the desires of the individual transgender student and of the student’s parents as well as the privacy interests of other students. If the arrangement desired by the transgender student is in significant conflict with privacy interests of other students, the school administrator should consult with the superintendent and as appropriate with legal counsel.

UHSAA Extracurricular Activities

A student whose assigned gender is male may not compete with a team designated for students with the assigned gender of female in an interscholastic athletic activity.

Nothing in this section prohibits the District from allowing a student of either gender from participating with a team designated for students of the female sex, consistent with school policy, outside of competition in an interscholastic athletic activity.

Utah High Schools Activities Association Handbook 2017-18, Interps. & Guidelines 1.1.4
Utah Code § 53G-6-902 (2002)