California Legislature—2013–14 Regular Session

Assembly BillNo. 1266


Introduced by Assembly Member Ammiano

(Coauthors: Senators Lara and Leno)

February 22, 2013


An act to amend Section 221.5 of the Education Code, relating to pupil rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 1266, as introduced, Ammiano. Pupil rights: sex-segregated school programs.

Existing law prohibits public schools from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression, and specifies various statements of legislative intent and the policies of the state in that regard. Existing law requires that participation in a particular physical education activity or sport, if required of pupils of one sex, be available to pupils of each sex.

This bill would require that a pupil be permitted to participate in sex-segregated school programs, activities, and facilities, including athletic teams and competitions, consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 221.5 of the Education Code is amended
2to read:

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221.5.  

(a) It is the policy of the state that elementary and
2secondary school classes and courses, including nonacademic and
3elective classes and courses, be conducted, without regard to the
4sex of the pupil enrolled in these classes and courses.

5(b) A school district may not prohibit a pupil from enrolling in
6any class or course on the basis of the sex of the pupil, except a
7class subject to Chapter 5.6 (commencing with Section 51930) of
8Part 28begin insert of Division 4 of Title 2end insert.

9(c) A school district may not require a pupil of one sex to enroll
10in a particular class or course, unless the same class or course is
11also required of a pupil of the opposite sex.

12(d) A school counselor, teacher, instructor, administrator, or
13aide may not, on the basis of the sex of a pupil, offer vocational
14or school program guidance to a pupil of one sex that is different
15from that offered to a pupil of the opposite sex or, in counseling
16a pupil, differentiate career, vocational, or higher education
17opportunities on the basis of the sex of the pupil counseled. Any
18school personnel acting in a career counseling or course selection
19capacity to a pupil shall affirmatively explore with the pupil the
20possibility of careers, or courses leading to careers, that are
21nontraditional for that pupil’s sex. The parents or legal guardian
22of the pupil shall be notified in a general manner at least once in
23the manner prescribed by Section 48980, in advance of career
24counseling and course selection commencing with course selection
25for grade 7 so that they may participate in the counseling sessions
26and decisions.

27(e) Participation in a particular physical education activity or
28sport, if required of pupils of one sex, shall be available to pupils
29of each sex.

begin insert

30(f) A pupil shall be permitted to participate in sex-segregated
31school programs, activities, and facilities, including athletic teams
32and competitions, consistent with his or her gender identity,
33irrespective of the gender listed on the pupil’s records.

end insert


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