Non-discrimination policies
| Submitted | April 11, 2017 |
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Communications
From: Grace Raih
To Whom It May Concern:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following documents:
Any and all written documents that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of restroom and locker room facilities. Please limit this request to documents that were generated over the past two years as well as documents, such as policies, that are in effect now.
Any and all communications or questions requested from education institutions regarding the Department of Justice’ 2016 Joint Guidance on Transgender Students (“Dear Colleague Letter”) or Trump’s 2017 “Dear Colleague Letter”. For reference, these letters are available at the following URLs respectively: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf https://www.justice.gov/opa/press-release/file/941551/download
Any and all records, reports or documents sent to districts that regard student sexual health education.
Finally, I request any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students. This includes, but is not limited to, the use of restroom and locker room facilities.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Grace Raih
From: Friedman, Beverly A., PED
April 12, 2017
This response was sent via email to: requests@muckrock.com<mailto:requests@muckrock.com>
Grace Raih
Filed via MuckRock.com
MuckRock
DEPT MR 36015
411A Highland Ave
Somerville, MA 02144-2516
IPRA #17-141
Dear Ms. Raih:
Your request to inspect public records was received by me as the Records Custodian of the New Mexico Public Education Department (NMPED) on April 12, 2017. Your request to inspect public records sought in pertinent part:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following documents:
Any and all written documents that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of restroom and locker room facilities. Please limit this request to documents that were generated over the past two years as well as documents, such as policies, that are in effect now.
Any and all communications or questions requested from education institutions regarding the Department of Justice' 2016 Joint Guidance on Transgender Students ("Dear Colleague Letter") or Trump's 2017 "Dear Colleague Letter". For reference, these letters are available at the following URLs respectively: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf https://www.justice.gov/opa/press-release/file/941551/download
Any and all records, reports or documents sent to districts that regard student sexual health education.
Finally, I request any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students. This includes, but is not limited to, the use of restroom and locker room facilities.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Pursuant to the Inspection of Public Records Act, a response will be forthcoming within 15 days of our receipt of the request or sooner.
Sincerely,
Beverly Friedman
Beverly Friedman
Custodian of Records
Beverly Friedman
PED Custodian of Record
PED Liaison to the PEC
NM Public Education Department
300 Don Gaspar
Santa Fe, NM 87501
505-827-6661 w
505-795-0180 c
From: Friedman, Beverly A., PED
April 28, 2017
This response was sent via email to: requests@muckrock.com<mailto:requests@muckrock.com>
Grace Raih
Filed via MuckRock.com
MuckRock
DEPT MR 36015
411A Highland Ave
Somerville, MA 02144-2516
IPRA #17-141
Dear Ms. Raih:
Your request to inspect public records was received by me as the Records Custodian of the New Mexico Public Education Department (NMPED) on April 12, 2017. Your request to inspect public records sought in pertinent part:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following documents:
Any and all written documents that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of restroom and locker room facilities. Please limit this request to documents that were generated over the past two years as well as documents, such as policies, that are in effect now.
Any and all communications or questions requested from education institutions regarding the Department of Justice' 2016 Joint Guidance on Transgender Students ("Dear Colleague Letter") or Trump's 2017 "Dear Colleague Letter". For reference, these letters are available at the following URLs respectively: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf https://www.justice.gov/opa/press-release/file/941551/download
Any and all records, reports or documents sent to districts that regard student sexual health education.
Finally, I request any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students. This includes, but is not limited to, the use of restroom and locker room facilities.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
The PED includes the following in its New Mexico Administrative School Code, 6.12.7, located at http://164.64.110.239/nmac/parts/title06/06.012.0007.htm :
Bullying" means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation.
The rule establishes requirements for local school boards and public schools, including charter schools, to address bullying of students by adopting and implementing policies and prevention programs.
The PED also provides national and state resources to school districts and state chartered-charter schools, many of which provide resources specific to LGBT identified students, on its website, Stop Bullying in New Mexico Schools, which may be located at http://ped.state.nm.us/ped/PEDAnti-Bullying.html . One resource in particular specific to LGBT identified students is under the Get Help Now Tab where there is information about The Trevor Project geared toward LGBT identified students (http://www.thetrevorproject.org/ ).
The PED has also supported the New Mexico Department of Health's Implementing School Nursing Strategies to Reduce LGBTQ Adolescent Suicide (RLAS) project. This project, focusing on New Mexico public high schools, is designed to provide schools with free training, technical assistance, and resources that are designed to help in implementing evidence-based strategies within participating schools over the course of a three-year period. The goal of the project is to support the implementation of evidence-based strategies recommended by the Centers for Disease Control and Prevention (CDC) that are proven to improve school connectedness and decrease risks for poor mental health and psychosocial outcomes, not just for LGBTQ students, but for all students. A fact sheet referencing the project is attached.
Regarding "Any and all communications or questions requested from education institutions regarding the Department of Justice' 2016 Joint Guidance on Transgender Students ("Dear Colleague Letter") or Trump's 2017 "Dear Colleague Letter", the 2016 Joint Guidance may have been sent directly by the Department of Justice and/or the U.S. Department of Education to individual school districts and was not disseminated directly by the PED. The PED did release the following statement after the 2016 Joint Guidance, "PED is reviewing the guidance that the federal government has issued directly to our schools to see how it will impact our students. Ultimately, we do feel that this is a big overreach by the federal government and that an issue like this would be best handled at the school district level." We have not received inquiries regarding "Trump's 2017 Dear Colleague Letter".
This has not precluded individual school districts (e.g., Albuquerque Public Schools and Santa Fe Public Schools) to develop district-specific policies regarding gender non-conforming children and youth regarding the use of restroom and locker room facilities, etc. Local policies, due to local autonomy, have been determined at the district level and not at the state level.
Sincerely,
Beverly Friedman
Beverly Friedman
Custodian of Records
Beverly Friedman
PED Custodian of Record
PED Liaison to the PEC
NM Public Education Department
300 Don Gaspar
Santa Fe, NM 87501
505-827-6661 w
505-795-0180 c
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