Title IX of the Educational Amendments of 1972 prohibits discrimination based on sex in education programs and activities in federally funded schools at all levels. Title IX protects students, employees, and applicants for admission and employment from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity of femininity. In addition, all students (and other persons) are protected by Title IX – regardless of their sex, sexual orientation, gender, identify, part of full time status, disability, race, or national origin – in all education programs and activities.
The Title IX Coordinator for the Bear Valley Unified School District is:
Dr. Robert Hill
Executive Director of 6-12 Curriculum and Instruction/Certificated Personnel
Bear Valley Unified School District
42271 Moonridge Road, Big Bear Lake, CA 92315
(909) 866-4631
[email protected]
Nondiscrimination Statement
The Board of Trustees 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, including discriminatory harassment, intimidation, and bullying of any student based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression or association with a person or group with one or more of these actual or perceived characteristics.
This policy shall apply to all acts related to school activity or to school attendance occurring within a district school. (Education Code 234.1)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5131 - Conduct)
(cf. 5131.2 - Bullying)
(cf. 5137 - Positive School Climate)
(cf. 5145.9 - Hate-Motivated Behavior)
(cf. 5146 - Married/Pregnant/Parenting Students)
(cf. 6164.6 - Identification and Education Under Section 504)
Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, includes physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also shall include the creation of a hostile environment when the 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 files or otherwise participates in the filing or investigation of a complaint or report regarding an incident of discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.
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 for behavior that 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.
Process to File a Complaint:
The Bear Valley Unified School District has the primary responsibility for compliance with federal and state laws and regulations. We have established Uniform Complaint Procedures (UCP) to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs, the charging of unlawful pupil fees and the non-compliance of our Local Control and Accountability Plan (LCAP).
The district’s Uniform Complaint board policies and administrative regulations shall be used to investigate and resolve any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any person, based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics, in district programs and activities, including, but not limited to, those funded directly by or that receive or benefit from any state financial assistance (5 CCR 4610).
Please refer to Parent and Student Resources and links below for Uniform Complaint policies and procedures. Any person with a disability or who is unable to prepare a written complaint can receive assistance from the site-administrator/designee or by calling the Office of the Executive Director of Student Services and Human Resources at (909) 866-4631.
In accordance with SB 1375, the following information is being made available as a resource concerning Title IX:
Office of Civil Rights
Civil Rights Hotline:
Call the Office for Civil Rights (OCR) at 1-800-421-3481 to report any educational discrimination on the basis of race, sex, disability, etc., request information on civil rights compliance programs, procedures for filing discrimination complaints, or access to civil rights regulatory and policy documents. The local number in Washington, D.C. is 202-453-6100.
Web Site: Office of United States Department of Education Office for Civil Rights
Office of United States Department of Education Office for Civil Rights: Complaint Assessment and Form
California Office of Civil Rights:
San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
FAX: 415-486-5570; TDD: 800-877-8339
Email: [email protected]
Additional Parent and Student Resources
20 U.S.C. Sections 1681 – 1688
Title IX Resource Guide, U.S. Department of Education, Office of Civil Rights, April 2015
2024 Updates
(1) Cancer Prevention Act - Human Papillomavirus (HPV) Immunization
Effective January 1, 2024, Assembly Bill (AB) 659, known as the Cancer Prevention Act, added Education Code section 48980.4, which requires the Annual Notice to include a statement about the State’s public policy advising students to follow current immunization guidelines regarding full immunization against human papillomavirus (HPV) before admission or advancement to eighth grade.
(2) Annual Notice to Parents and Guardians Regarding Synthetic Drugs
Effective January 1, 2024, AB 889 requires that local educational agencies notify parents and guardians about the dangers associated with using unprescribed synthetic drugs, such as fentanyl. According to the U.S. Drug Enforcement Administration (DEA) website, deadly doses of fentanyl have been found in fake/counterfeit versions of Adderall, Xanax, and Oxycodone, among other medications.
This notification, which must be given to parents and guardians annually, can be included with the Annual Notice or provided separately. This information must also be posted on local educational agencies’ internet websites and on the internet websites for each individual school within a local educational agency, if those schools have their own websites.
For more information, the Centers for Disease Control and Prevention (CDC)’s Fentanyl Facts, in English and Spanish, can also be accessed here: CDC Fentanyl Facts (English) and CDC Fentanyl Facts (Spanish).
(3) Excused Absences for Religious Retreats
Annual Notices must already include information regarding excused absences. AB 1503 amended Section 48205 of the Education Code regarding excused absences, to increase the time frame for an excused absence for participation in a religious retreat from four hours to one full school day per semester. The rationale for this amendment is that while students are entitled to a break over Christmas, a Christian holiday, other non-Christian students from various religious and ethnic backgrounds should also be entitled to practice their faiths.
(4) Excused Absences for Death of an Immediate Family Member
Senate Bill (SB) 350 also amended Education Code section 48205, to increase the time frame for an excused absence from three days to five days to allow for attendance at funeral services for, or to grieve the death of, an immediate family member. The bill further provides for an additional excused absence for a period of not more than three (3) days for students to seek grief support services, access services from a victim services organization or agency, or to participate in safety planning, related to the death of an immediate family member.
For the purposes of this type of excused absence, SB 350 expands the definition of “immediate family” to include a person, as determined by the student’s parent or guardian, to be in such close association with the student as to be considered the student’s immediate family.
(5) Non-Discrimination Statements and Policies
AB 1078 amended Education Code section 234.1, so that non-discrimination statements and policies, which are mandatory Annual Notice provisions, must now include a statement that non-discrimination policies also apply to all acts of the governing board, the district superintendent, and the county superintendent of schools in enacting the local educational agency’s policies and procedures.
(6) Textbook or Library Book Use and Sufficiency Complaints
AB 1078 also impacts local educational agencies’ Uniform Complaint Procedures and Williams Complaint Procedures, which are mandatory Annual Notice attachments.
AB 1078 authorizes complaints regarding: (a) actions taken by a school district governing board, county board of education, or governing body of a charter school alleging unlawful discrimination in prohibiting the use of a textbook or library book; or (b) insufficient textbooks or instructional materials, to be filed directly with the State Superintendent of Public Instruction. Previously, complaints related to insufficient textbooks or instructional materials had to be processed at the local level, through the local educational agency’s Williams Complaint Procedures. Now, the State Superintendent may intervene without waiting for the local educational agency to investigate. (Education Code sections 243 (c) and 35186 (d).) See 2023 Client News Brief Number 36 for more information.
Local educational agencies will need to review and update their Uniform Complaint Procedures to include complaints based on the unlawful discrimination by the governing body in prohibiting the use of instructional materials and library books. Uniform Complaint Procedures and Williams Complaint Procedures should also be updated to specify that complaints related textbooks and instructional materials may be filed directly with the State Superintendent of Public Instruction.
(7) California College Guidance Initiative Data Sharing
The California Department of Education (CDE) recently sent out a notice to all local educational agencies regarding information necessary for annual notifications related to the California College Guidance Initiative (CCGI).
Based upon the CDE’s communication, we recommend including the following provision in the Annual Notice:
California College Guidance Initiative Data Sharing (Education Code section 60900.5(d).)
The California College Guidance Initiative (CCGI) works with California school districts to make applying for college and student financial aid a more streamlined experience for students. The CCGI currently receives enrollment data for all public school students in grades 6-12 from the California Department of Education (CDE). For more information about the CCGI, visit their website at
https://www.californiacolleges.edu/#/.
(8) Title IX Policy – New 2024 Title IX Regulations
We recommend that local educational agencies attach their Title IX policies, which address sex discrimination complaints, to their Annual Notice. Please note that updated 2024 Title IX Regulations were issued recently and must be implemented by August 1, 2024. Our firm is developing policies and templates to incorporate these new regulations. See 2024 Client News Brief Number 22 for more details.
Reminder Regarding 2023 Update
(9) Firearm Safety and Safe Storage of Firearms Information (Education Code Section 48986)
Beginning with the 2023-2024 school year, local educational agencies were required to include information in their Annual Notices related to the safe storage of firearms and California’s child access prevention laws, which establish liability for parents and guardians who should have known that their child could gain access to a firearm at home. The information included in the Annual Notice must be informed by model content developed by the CDE, which will be updated annually. It does not appear that the CDE has issued an updated version of its 2023 sample memorandum, so local educational agencies should continue to use the CDE’s 2023 sample memorandum, currently available in English and Spanish, for 2024. Our Client News Brief regarding this new requirement can be found here: 2022 Client News Brief Number 41.