TK-8 District of Choice


Instruction > Administrative Regulation 6145.2 - Athletic Competition

Nondiscrimination and Equivalent Opportunities in the Athletic Program

No person shall be excluded from participation in, be denied the benefits of, be denied equivalent opportunity in, or otherwise be discriminated against in interscholastic, intramural, or club athletics on the basis of actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disability, or any other basis specified in law. (Education Code 220, 230; 5 CCR 4920; 34 CFR 106.41)

Each student shall be allowed to participate in any single-sex athletic program or activity consistent with his/her gender identity and for which he/she is otherwise eligible to participate, irrespective of the gender listed on the student's records.

When a school provides only one team in a particular sport for members of one sex, but provides no team in the same sport for members of the other sex, and athletic opportunities in the total program for that sex have been previously limited, members of the excluded sex shall be allowed to try out and compete with the team. The same standards for eligibility shall be applied to every student trying out for the team, regardless of sex, sexual orientation, gender, gender identity, gender expression, or other protected group status. (5 CCR 4921; 34 CFR 106.41)

When determining whether equivalent opportunities are available to both sexes in athletic programs, the Superintendent or designee shall consider, among other factors: (5 CCR 4922; 34 CFR 106.41)

  1. Whether the selection of sports and levels of competition offered effectively accommodate the interests and abilities of both sexes

    The athletic program shall be considered to effectively accommodate the interests and abilities of both sexes if it meets one of the following criteria: (Education Code 230)

    1. The interscholastic-level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments.

    2. When the members of one sex have been and are underrepresented among interscholastic athletes, the district can show a history and a continuing practice of program expansion that is demonstrably responsive to the developing interests and abilities of the members of that sex.

    3. When the members of one sex are currently underrepresented among interscholastic athletes and the district cannot show a history and continuing practice of program expansion as required in item #b above, the district can demonstrate that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.

  2. The provision and maintenance of equipment and supplies

  3. Scheduling of games and practice times, selection of the season for a sport, and location of the games and practices

  4. Travel and per diem allowances

  5. Opportunities to receive coaching and academic tutoring

  6. Assignment and compensation of coaches and tutors

  7. Provision of locker rooms and practice and competitive facilities

  8. Provision of medical and training facilities and services

  9. Provision of housing and dining facilities and services

  10. Publicity

  11. Provision of necessary funds

Health and Safety

The Superintendent or designee shall annually distribute to student athletes and their parents/guardians an information sheet on concussions and head injuries. The student and parent/guardian shall sign and return the information sheet before the student's initiating practice or competition. (Education Code 49475)

If a student athlete is suspected of sustaining a concussion or head injury in an athletic activity, he/she shall be immediately removed from the activity for the remainder of the day. The student shall not be permitted to return to the activity until he/she is evaluated by a licensed health care provider trained in the management of concussions and receives the health care provider's written clearance to return to the activity. (Education Code 49475)

The Superintendent or designee shall notify the student's parent/guardian of the date, time, and extent of any injury suffered by the student and any actions taken to treat the student.

The Superintendent or designee shall provide training to coaches, athletic trainers, and/or school nurses regarding concussion symptoms, prevention, and appropriate response.

Parental Notifications

Before a student participates in athletic activities, the Superintendent or designee shall send a notice to the student's parents/guardians which:

  1. Contains information about the procedures for filing a discrimination complaint that arises out of an interscholastic athletic activity, including the name of the district's Title IX Coordinator

  2. Includes a copy of the Athletes' Bill of Rights pursuant to Education Code 271

  3. Explains that there is an element of risk associated with all athletic competitions and that the district cannot guarantee that students will not be injured, despite a commitment to every participant's health and welfare

  4. Provides information about insurance protection pursuant to Education Code 32221.5

  5. Requests parental permission for the student to participate in the program and, if appropriate, be transported by the district to and from competitions

  6. States the Governing Board's expectation that students adhere strictly to all safety rules, regulations, and instructions, as well as rules and guidelines related to conduct and sportsmanship


Regulation approved: March 21, 2013
Revised: May 1, 2014
Evergreen School District, San Jose, California