Garfield Re-2 Policies

 

Name Changes

 

This policy outlines the process by which students may change the name they are referred to at school to align with their gender identity. Students may choose to be identified in school by the first name that they have designated in accordance with this policy and may request a change to their name or gender on their official student record through regulation JRA/JRC-R.

Definitions

• “Chosen Name” as defined in Colorado law, is any name a student requests to be known as that differs from the student’s legal name to reflect the student’s gender identity.
• “Legal Name” is an individual’s legal name as it appears on official government documents such as licenses, passports, and birth certificates.

Use of a Chosen Name or Preferred First Name

The Board directs the superintendent to establish procedures allowing students to inform the school of their chosen name (or a preferred first name such as a nickname) without altering their official name in school records. Students will not be required to provide proof of a legal name change to select a chosen or preferred name for use at school and during extracurricular activities, and do not need parental approval. However, parents will be notified of their student’s designation of a chosen or preferred name change.  The Superintendent shall be informed of all designations of a chosen or preferred name for use at school and during extracurricular activities, and the only exception to the parental notification requirement shall be if the Superintendent reasonably determines that informing the student’s parents of the designation could subject the student to abuse or neglect, in which case the Superintendent shall cause a report to be made to Garfield County Human Services.

School personnel will use students' chosen names to maintain a supportive and inclusive learning environment. In compliance with HB24-1039 and district policy, knowingly or intentionally refusing to use a student's chosen name— such as deliberately using their legal name or another incorrect name—could constitute harassment and is not acceptable. The district acknowledges that honest mistakes may occur, and these mistakes will not be considered harassment. Staff members who make unintentional errors will be provided guidance and support to ensure compliance with the law. Employees are also expected to refrain from judgment when adhering to these requirements, fostering a culture of respect and understanding. Repeated misuse of a student's name could qualify as harassment and be subject to disciplinary measures.

The district reserves the right to deny a preferred first name if it is vulgar or offensive, obscene, or is used for misrepresentation.

Name Changes on Official Student Records

The district is required to maintain a permanent student record (“official record”) that includes a student’s name and gender. Students or parents who wish to alter the student’s name or gender must follow the process in JRA/JRC-R. The district will not process a name change on a student’s official record without a parent's signature or a court order. Because District information systems are based on official records, names on emails, report cards, and other such documents will not be changed until this process is completed.

Students who request a name change that is different from their legal first name agree that the designated name is, or will be, truly used to identify themselves. A name change cannot be used for any illegal purpose.

Disclosure to Third Parties

Information about a transgender student’s gender identity, legal name, or sex assigned at birth may constitute confidential, personally identifiable information. Disclosing transgender status to students, staff, or third parties may violate privacy laws, such as the federal Family Educational Rights and Privacy Act (FERPA). Accordingly, the district will work with students and their families to keep personally identifiable information related to gender identity confidential in accordance with state and federal privacy laws.

In situations where school staff or administrators are required by law to use or to report the legal name or biological sex of a student who is transgender but whose official record has not been amended, school staff and administrators must adopt practices to avoid the inadvertent disclosure of such confidential information.

LEGAL REFS: 34 C.F.R. §99.1 et seq. (Family Educational Rights and Privacy Act 

regulations)

   34 C.F.R. §99.20(d) (parents and students have the right to request a 

   school change name and gender marker on their record if they feel it is 

    incorrect, misleading, or violates privacy, and schools must

   provide parents with an opportunity to inspect and review educational   

   records)

   34 C.F.R. §99.31 (permitted reasons for disclosure of student records)

  3 C.C.R. 708-1:81.6(A)(4) (sexual orientation harassment is deliberately 

  misusing an individual’s preferred name, form of address, or    

  gender-related pronouns)

  C.R.S. 22-1-145 (knowing or intentional failure to use a chosen name is 

  discriminatory, and schools are required to use a student’s chosen name 

  and adopt a policy on the subject)

  C.R.S. 22-1-145(b) (gender identity means an individual’s innate sense 

  of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth).

 

CROSS REFS: AC, Nondiscrimination/Equal Opportunity

   JRA/JRC, Student Records/Release of Information on Students 

   JRA/JRC-R, Student Records/Release of Information on Students