The School Board of Lee County is expected to finalize the district’s Civil Rights and Equity Guide on Tuesday.

Student Services Executive Director Dr. Jessica Duncan said the first review, held earlier this month, a look at the guide with updates, which will be considered board policy once adopted.

Student Services Director Chuck Bradley said the guide rose from a need to describe civil right guaranteeing opportunities and protections under the law regardless of personal characteristics.

To achieve this, some need accommodations to ensure equitable access, he said.

“The school district is required to ensure equitable access to all, especially those identified by protected class,” Bradley said.

The philosophy behind the guide is to ensure they are communicating with students, teachers and parents.

“Together they perform the triangle of student success,” Bradley said

The first review presentation then went through Title VI, Title VII, Title IX and ADA updates.

As far as the Title VI updates — non-discrimination based on color, race, ethnicity and national origin — there was an addition to the discipline section “discipline to the Title IV section as students are not disciplined based on their race, color, or national origin. The code of conduct is followed by discipline.”

The Title VII updates — non-discrimination in employment includes a complaint resolution process — includes additions for the classroom/office spaces and personal items.

The added verbiage includes “discussion or displays of controversial issues — topics on which opposing points of view have been promulgated by responsible opinion or likely to arouse both support and opposition in the community — should be in compliance with board policy 2240.”

The clarified wording — “e.g. a small family photo on your desk, coffee mug, figurines. All items must be in compliance with school board policies.”

The Title IX updates — non-discrimination based on sex — had an addition to the Hope Scholarship — “House Bill 1403 merged the Hope Scholarship Program with the Family Empowerment Scholarship for educational options and the Florida Tx Credit Families who previously benefited from the Hope Scholarship are encouraged to apply through FTC/FES-EO programs.”

There was also the removal of the reference to gender identity in sharing information, as well as added information regarding restrooms/locker rooms.

That addition states that “effective July 1, 2023, the Safety in Private Spaces Act introduces penalties for people using a public restroom, or changing facility, not aligned with their sex assigned at birth.”

Board Attorney Kathy Dupuy-Bruno said where they could, the placards have been changed to make the bathrooms unisex for single stalls.

Another addition dealt with discipline for students and employees — disciplinary action in accordance with the Student Code of Conduct is not based on an individual’s sexual orientation or gender expression.

There was also an addition to the section that deals with names and pronouns. The added verbiage states that a “nickname/affirmed name may be used with the submission of a nickname/affirmed name form signed by a parent. Students who are 18 or older do not require a parent’s signature.”

That school staff will be addressed by their legal name was also added.

Bradley said there is staff transitioning in the schools that are transgender. By law, they must be referred to by their legal name in the school. The district requires staff to pursue the legal process to change their name for use in the classroom.

Other added verbiage includes “employees, contractors, or students cannot be required to refer to another person using that person’s preferred personal title or pronouns if such personal title or pronouns do not correspond to that person’s sex.”

Also, “employees and contractors are prohibited from providing students his or her preferred personal title or pronouns do not correspond to his or her sex. Further, employees and contractors are prohibited from asking students to provide their preferred personal title or pronouns.”

A question rose from Board member Chris Patricca regarding privacy, as it states that “school personnel will not disclose any information about a student’s sexual orientation or questions they may have about their sexual orientation to third parties unless the student is requesting accommodations or is absolutely necessary, or otherwise required by law.”

Bradley said they train their schools that if a student is questioning their identity, or orientation, to direct them to speak with a school counselor. If the conversation is continued, a parent needs to be involved.

“They are told they can speak to them a certain number of times, but at a certain point they need to involve the parent,” Bradley said.

Patricca said if a kindergarten student is questioning their sexual orientation, then a parent should be involved immediately, but high school is different.

“I don’t think rules should be applied across the board,” she said. “If a child has a genuine concern that disclosure to a parent can lead to abuse, we have a responsibility.”

Bradley said if there is a general fear, the school will contact the appropriate authorities. They also will work with the students, to make sure they are safe.

Other board members said there should be no consideration of age.

“Until the child is 18, the parent is the legal guardian,” Board member Melisa Giovannelli said. “The parent is in charge of their child, and they need to be aware of the situation, so they can handle their family situation appropriately. That is up to the parent, and not anyone at this board table.”

Dupuy-Bruno said state statute says a school district may not adopt procedures of a student report that prohibits school personnel from notifying a parent.

The Sept. 16 Board meeting will be held at 6 p.m. at 2855 Colonial Blvd. Fort Myers.

The meeting is open to the public.