File: ACA - Name Changes

NOTE: Colorado school boards are required by law to adopt a policy on this subject and the law contains some specific direction as to the content or language. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

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.

NOTE 1: Due to the passage of HB24-1039, the knowing or intentional failure to use a student’s chosen name is discriminatory, and school employees are required to use a student’s chosen name in school and during extracurricular activities. C.R.S. 22-1-145. Districts are also required to adopt a written policy “outlining how the [district] will honor a student’s request to use a chosen name.” C.R.S. 22-1-145. The bill defines chosen name as a name that a student requests to use that reflects the student’s gender identity, and gender identity as 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. C.R.S. 22-1-145(a) and (b). More generally, the Colorado Civil Rights commission already prohibited deliberately misusing an individual’s preferred name, form of address, or gender-related pronouns, and considers this a type of harassment. 3 C.C.R. 708-1:81.6(A)(4). The Civil Rights Commission definition is applicable to not only students, but also employees and other individuals. Therefore, districts should keep in mind that Colorado law provides protections to transgender individuals that are broader than this policy articulates, but CASB has determined it is appropriate to draft this policy narrowly due to the limited policy requirements of HB24-1039.

Definitions

a. “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.

b. “Legal Name” is an individual’s legal name as it appears on official government documents such as licenses, passports, and birth certificate.

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 may be notified of their student’s name change if appropriate.

NOTE 2: Districts may have an existing process for students to select a nickname or another preferred first name at school. Please ensure this policy conforms to your district’s process before adopting. Approaches vary by the district, but may include students selecting a preferred name on a system such as Infinite Campus, students submitting a form to administration, students informing a teacher, or teachers proactively asking students.

Personnel must strive to use the chosen or preferred name of all students. The district understands that honest mistakes may occur, but the intentional or knowing refusal to use a student’s chosen name (for example, intentionally referring to the student by their legal name, another name that does not correspond to the student’s gender identity, or avoiding use of their name) is prohibited under this policy and under Colorado law.

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

NOTE 3: Under CASB’s interpretation of Colorado law, schools are not obligated to proactively inform parents if a student requests to use a chosen name or expresses a desire to assert their gender identity at school. HB24-1039 does not address this issue, leaving it up to each school district to decide how much they involve and communicate with parents regarding a student’s request to use a chosen name. Because preferences and interpretations can vary by community, CASB has not provided recommended language on this matter in this policy and advises districts to seek legal counsel.

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 signature or a court order.

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.

NOTE 4: C.R.S. 22-1-145 specifically states that a policy enacted pursuant to HB24-1039 must comply with the Family Education Rights Privacy Act (FERPA). All students have a right to privacy, including the right to maintain privacy about one’s transgender status. Under FERPA, only those school employees with a legitimate educational need should have access to a student’s records or the information contained within those records. Disclosing confidential student information to other employees, students, or other third parties may violate privacy laws, including FERPA. However, FERPA allows parents to access their child’s records in most circumstances, which may reveal a student’s transgender status. FERPA also allows both parents and students to request to alter student records. For more information, districts should review CASB Sample Policy JRA/JRC and JRA/JRC-R and consult legal counsel.

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 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

[June 2024]