Board Policies

Board Policy 5137

The Board of the Oakland Unified School District aims to provide a learning environment for every student that is safe, orderly, caring, respectful and equitable. A positive school climate is one that builds student attachment to school, a factor shown by research to correlate closely with academic and life success.

We define a positive school climate as one in which adults work together to provide the following environmental factors established by current research as necessary for the development of student success and resiliency:
* Caring and support from adults and peers

• Meaningful participation in their own education along with participation in the classroom and school community
• Positive, high expectations supported by equitable structures for achieving those expectations

The goals of creating a positive school climate are:
* To support the academic achievement of every student
* To ensure educational equity for all students
* To create an environment that supports excellence in teaching
* To ensure the physical and emotional safety of all staff and students* To contribute to the resiliency of
every student, the characteristics of which are a sense of autonomy, belonging, social competence, ethical
problem solving skills, and a sense of purpose and future.
* To include parents and guardians as full partners in the student’s education

Board Policy 5145.3

Nondiscrimination/Harassment/Intimidation

Nondiscrimination Policy

The Governing Board recognizes that the District is responsible for ensuring that it complies with state and federal laws and regulations governing educational programs. Further, the Board shall ensure equal opportunities for all students in admission and access to academic courses, guidance and counseling programs, athletic programs, testing procedures, vocational education and other activities.

This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within the District, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school.

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the District’s academic and other educational support programs, services, and activities. The Board prohibits, at any District school or school activity, unlawful discrimination, harassment (including sexual harassment), intimidation, and bullying of any student based on the student’s actual or perceived race, color, ancestry, immigration status, national origin, ethnic group identification, citizenship, age, religion, marital or parental status, physical or mental disability, medical condition, status as a veteran or disabled veteran, sex, sexual orientation, gender, gender identity or gender expression, or homeless status; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student’s academic performance; or otherwise adversely affects a student’s educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a

complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

The Superintendent or designee shall facilitate students’ access to the educational program by publicizing the District’s nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, the Superintendent or designee shall post the District’s policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the District’s web site in a manner that is easily accessible to parents/guardians and students, in accordance with law and the accompanying administrative regulation.

The Superintendent or designee shall provide training and/or information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community’s understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the District’s nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the District’s educational program. The Superintendent or designee shall report the findings and recommendations to the Board after each review.

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

The associated administrative regulation shall provide contract information for questions or complaints.

Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the District to monitor, address, and prevent repetitive prohibited behavior in District schools.

Board Policy 6145

A student shall be permitted to participate in sex-segregated school programs and activities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records. (Education Code section 221.5(f))