FILE:  IKB

Cf:  IDBA

 

MISCELLANEOUS INSTRUCTIONAL POLICIES:  CONTROVERSIAL ISSUES

 

 

The East Baton Rouge School Board (Board) directs its Superintendent to provide guidance to the administrators and principals for addressing controversial topics in an impartial and objective manner.  This policy is to be provided to all Board employees.  Teachers shall not use the classroom to transmit personal beliefs regarding political or sectarian issues.  Students and educators shall ensure that, to the extent possible, discussions are conducted fairly and courteously.

 

If a teacher is unsure about a topic of discussion or about the methods to employ, the teacher may discuss the issue with the principal.  The following are two areas that require compliance.

 

SEXUAL ORIENTATION OR GENDER IDENTITY

 

No teacher, school employee, or other presenter at a school shall engage in the following discussions with students in grades kindergarten through twelve:

 

  1. Covering the topics of sexual orientation or gender identity in any classroom discussion or instruction in a manner that deviates from state content standards or curricula developed or approved by Board of Elementary and Secondary Education (BESE) and the Louisiana Department of Education (LDOE).

  2. Covering the topics of sexual orientation or gender identity during any extracurricular academic, athletic, or social activity under the authority of the Board.

  3. Discussing their own sexual orientation or gender identity.

  4. Nothing in this Section shall be construed to mean a student may not seek out guidance from a teacher or licensed mental health professional outside classroom hours with prior written parental consent.

 

THE GIVEN NAME ACT 2024 - PRONOUNS AND NAMES; BIOLOGICAL SEX; PARENTAL PERMISSION

 

As used in this Section, the following terms have the following meanings:

 

  1. Employee means any individual working in any capacity at a School Board public school including but not limited to teachers and other school employees, school bus operators, extracurricular personnel, and independent contractors.

  2. Legal name means a person’s name as may be evidenced on their original birth certificate issued at or near the time of birth.

  3. Parent means a student's parent or legal guardian.

  4. Sex means a person's immutable biological sex, either female or male, as may be evidenced on his original birth certificate issued at or near the time of birth.

 

  1. Female means an individual whose biological reproductive system is developed to produce ova and who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

  2. Male means an individual whose biological reproductive system is developed to fertilize the ova of a female who has had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

 

  1. Student means a person enrolled at a Board public school on a full-time or part-time basis.

 

An employee shall not be required to address a student by a name other than the student's legal name, or a derivative thereof, and the employee shall not be required to use a pronoun that is inconsistent with the student's sex.

 

  1. An employee shall not be subject to adverse employment action for declining or refusing to do any of the following:

 

  1. Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun that is inconsistent with the person's sex.

  2. Identify their own pronouns.

 

  1. If a school employee refers to a minor student by a pronoun that is inconsistent with the student's sex or refers to the student by a name other than the student's legal name, or a derivative thereof, the parent may seek corrective action by the school principal so that the student will be addressed according to the student's sex, as defined above.

 

  1. If the school principal intentionally refuses to implement corrective action, then the parents may pursue a private right of action as provided in La. Rev. Stat. Ann. §17:2212(D)(1)(2).

  2. If after the school principal implements corrective action, an employee intentionally refuses to honor the corrective action, then the parent may pursue a private right of action as provided in La. Rev. Stat. Ann. §17:2212(D)(1)(2).

 

  1. A student shall not be subject to disciplinary action for declining or refusing to do any of the following:

 

  1. Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun that is inconsistent with the person's sex.

  2. Identify the student’s own pronouns, in violation of this policy.

 

PRIVATE CAUSE OF ACTION (La. Rev. Stat. Ann. §17:2212(D)(1)(2))

 

An employee, parent of a minor student, or a student who has reached the age of majority aggrieved by an intentional violation of this policy shall have a private cause of action for injunctive relief, monetary damages, reasonable attorney fees and costs, and any other appropriate relief.

 

All civil actions brought pursuant to the Given Name Act shall be initiated within two years of the violation occurring.

 

FEDERAL EDUCATION RECORDS PRIVACY ACT (FERPA)

 

This policy shall not be construed to permit employees to disclose student information as prohibited under the Federal Education Records Privacy Act (FERPA), 20 USC 1232g.

 

CHARTER SCHOOLS

 

This policy is applicable to any Charter School under the jurisdiction of the Board.

 

New policy:  September 19, 2024

 

 

Ref:    La. Rev. Stat. Ann. §17:412

Board minutes, 9-19-24

 

East Baton Rouge Parish School Board