Amended in Assembly April 25, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1266


Introduced by Assembly Member Ammiano

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(Coauthor: Assembly Member Atkins)

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(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 amended, Ammiano. Pupil rights: sex-segregated school programsbegin insert and activitiesend insert.

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 programsbegin delete,end deletebegin insert andend insert activities,begin delete and facilities,end delete including athletic teams and competitions,begin insert and use facilitiesend insert 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
4secondary school classes and courses, including nonacademic and
5elective classes and courses, be conducted, without regard to the
6sex of the pupil enrolled in these classes and courses.

7(b) A school district may not prohibit a pupil from enrolling in
8any class or course on the basis of the sex of the pupil, except a
9class subject to Chapter 5.6 (commencing with Section 51930) of
10Part 28 of Division 4 of Title 2.

11(c) A school district may not require a pupil of one sex to enroll
12in a particular class or course, unless the same class or course is
13also required of a pupil of the opposite sex.

14(d) A school counselor, teacher, instructor, administrator, or
15aide may not, on the basis of the sex of a pupil, offer vocational
16or school program guidance to a pupil of one sex that is different
17from that offered to a pupil of the opposite sex or, in counseling
18a pupil, differentiate career, vocational, or higher education
19opportunities on the basis of the sex of the pupil counseled. Any
20school personnel acting in a career counseling or course selection
21capacity to a pupil shall affirmatively explore with the pupil the
22possibility of careers, or courses leading to careers, that are
23nontraditional for that pupil’s sex. The parents or legal guardian
24of the pupil shall be notified in a general manner at least once in
25the manner prescribed by Section 48980, in advance of career
26counseling and course selection commencing with course selection
27for grade 7 so that they may participate in the counseling sessions
28and decisions.

29(e) Participation in a particular physical education activity or
30sport, if required of pupils of one sex, shall be available to pupils
31of each sex.

32(f) A pupil shall be permitted to participate in sex-segregated
33school programsbegin delete,end deletebegin insert andend insert activities,begin delete and facilities,end delete including athletic
34teams and competitions,begin insert and use facilitiesend insert consistent with his or
35her gender identity, irrespective of the gender listed on the pupil’s
36records.



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