BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1266
Author: Ammiano (D), et al.
Amended: 4/25/13 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 5-2, 6/12/13
AYES: Liu, Block, Hancock, Hueso, Monning
NOES: Wyland, Huff
NO VOTE RECORDED: Correa, Torres
ASSEMBLY FLOOR : 46-25, 5/9/13 - See last page for vote
SUBJECT : Pupil rights: sex-segregated school programs and
activities
SOURCE : Equality California
Gender Spectrum
GSA Network
National Center for Lesbian Rights
Transgender Law Center
DIGEST : This bill requires a pupil be permitted to
participate in sex-segregated school programs, activities, and
facilities including athletic teams and competitions, consistent
with his/her gender identity, regardless of the gender listed on
the pupil's records.
ANALYSIS :
Existing law:
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1. Prohibits any person from being subjected to discrimination
on the basis of disability, gender, nationality, race or
ethnicity, religion, sexual orientation, or any other
characteristic that is contained in the definition of hate
crimes in the Penal Code, in any program or activity
conducted by an educational institution that receives, or
benefits from, state financial assistance or enrolls pupils
who receive state student financial aid.
2. Defines "hate crime" as a criminal act committed, in whole or
in part, because of one or more of the following actual or
perceived characteristics of the victim:
A. Disability.
B. Gender.
C. Nationality.
D. Race or ethnicity.
E. Religion.
F. Sexual orientation.
G. Association with a person or group with one or more of
these actual or perceived characteristics.
3. Defines "gender" as sex, and includes a person's gender
identity and gender expression. "Gender expression" is
defined as a person's gender-related appearance and behavior
whether or not stereotypically associated with the person's
assigned sex at birth.
4. Prohibits discrimination on the basis of the characteristics
listed in #1 in any aspect of the operation of alternative
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schools or charter schools.
5. States that it is the policy of the State that all people,
regardless of their sex, should enjoy freedom from
discrimination of any kind in the educational institutions of
the State. Each educational institution in the State is
required to have a written policy on sexual harassment.
On the basis of sex
Existing law:
1. Provides that it is the policy of the State that elementary
and secondary school classes and courses, including
non-academic and elective classes and courses, be conducted
without regard to the sex of the pupil enrolled in these
classes and courses.
2. Precludes school districts from prohibiting a pupil from
enrolling in any class or course on the basis of the sex of
the pupil, except sex education courses.
3. Prohibits a school district from requiring a pupil of one sex
to enroll in a particular class or course, unless the same
class or course is also required of a pupil of the opposite
sex.
4. Requires participation in a particular physical education
activity or sport to be available to pupils of each sex if
required of pupils of one sex.
Privacy
Article I, Section I of the California Constitution states:
All people are by nature free and independent and have
inalienable rights. Among these are enjoying and
defending life and liberty, acquiring, possessing, and
protecting property, and pursuing and obtaining safety,
happiness, and privacy.
Three legal challenges have been pursued regarding the
definition of "gender" in the Education Code. The most recent
case, California Education Committee, LLC vs. Jack O'Connell,
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was filed in Sacramento Superior Court in 2008. Plaintiffs
argued that current law places "educators in the impossible
position of (1) reading the minds of individuals to determine
the individual's self-defined sexual identity so as not to
inadvertently discriminate against an individual based upon
their self-defined sex and (2) protecting the privacy and safety
of all students from persons of the opposite sex."
Additionally, plaintiffs argued that students' privacy will be
violated because the school district "will require teachers,
administrators, and school districts to permit children of the
opposite sex to enter locker rooms and restrooms in the future."
The defendant, Jack O'Connell who was the State Superintendent
of Public Instruction at the time, filed a demurrer and moved to
dismiss the case. The Sacramento Superior Court granted the
motion to dismiss the case on June 1, 2009, for plaintiffs'
"failure to state facts sufficient to constitute a cause of
action."
California Interscholastic Federation (CIF)
CIF bylaw 300 D., approved by CIF's Federated Council on
February 2, 2013, and to take effect in the upcoming school year
(beginning August 1, 2013) is as follows:
Participation in interscholastic athletics is a valuable
part of the educational experience for all students. All
students should have the opportunity to participate in CIF
activities in a manner that is consistent with their
gender identity, irrespective of the gender listed on a
student's records. Should any questions arise whether a
student's request to participate in a sex-segregated
activity consistent with his/her gender identity is bona
fide, a student may seek review of his/her eligibility for
participation by working through the procedure set forth
in the "Guidelines for Gender Identity Participation.
CIF's Guidelines for Gender Identity Participation establish a
process that includes:
1. The pupil and/or parents must contact the school
administrator or athletic director indicating that the pupil
has a consistent gender identity different than the gender
listed on the pupil's school registration records, and that
the student desires to participate in activities in a manner
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consistent with his/her gender identity.
The school may contact CIF for guidance.
If the school declines to allow the pupil to participate
in activities in a manner consistent with his/her gender
identity, at the request of the pupil and/or parent the
school administrator must contact the CIF office, which
will assign a facilitator who will assist the school and
pupil in preparation and completion of the CIF Gender
Identity eligibility appeal process.
The pupil is to be scheduled for an appeal hearing before
an eligibility committee specifically established to hear
gender identity appeals.
A pupil may appeal the decision of the eligibility
committee to the California Interscholastic Federation
Executive Director.
This bill requires a pupil be permitted to participate in
sex-segregated school programs, activities, and facilities
including athletic teams and competitions, consistent with
his/her gender identity, regardless of the gender listed on the
pupil's records.
Comments
According to the author, "Although current California law
already protects students from discrimination in education based
on sex and gender identity, many school districts do not
understand and are not presently in compliance with their
obligations to treat transgender students the same as all other
students in the specific areas addressed by this bill. As a
result, some school districts are excluding transgender students
from sex-segregated programs, activities and facilities. Other
school districts struggle to deal with these issues on an ad hoc
basis. Existing law is deficient in that it does not provide
specific guidance about how to apply the mandate of
non-discrimination in sex-segregated programs, activities and
facilities."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
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SUPPORT : (Verified 6/18/13)
Equality California (co-source)
Gender Spectrum (co-source)
GSA Network (co-source)
National Center for Lesbian Rights (co-source)
Transgender Law Center (co-source)
American Civil Liberties Union of California
Anti-Defamation League
Bay Area Youth Summit
California Communities United Institute
California Federation of Teachers
California LGBT Health & Human Services Network
California State PTA
California Teachers Association
Child & Adolescent Gender Center
Family Equality Council
GLSEN
GLSEN Orange County
HonorPAC
L.A. Gay and Lesbian Center
Labor/Community Strategy Center
LAUSD
LGBT Community Center of the Desert
Los Angeles Gender Center
MALDEF
National Association of Social Workers, CA Chapter
National Gay & Lesbian Task Force Action Fund
North County LGBTQ Resource Center
Our Family Coalition
Pacific Pride Foundation
Public Advocates, Inc.
Public Counsel
Restorative Schools Vision Project
San Diego Cooperative Charter School
San Diego LGBT Community Center
San Francisco Unified School District
The Center Long Beach
The Center OC
The Trevor Project
Youth Justice Coalition
OPPOSITION : (Verified 6/18/13)
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California Catholic Conference
Capitol Resource Institute
Concerned Women for America
Traditional Values Coalition
ASSEMBLY FLOOR : 46-25, 5/9/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos,
Chau, Chesbro, Dickinson, Eggman, Fong, Frazier, Garcia,
Gatto, Gomez, Gordon, Hall, Roger Hernández, Jones-Sawyer,
Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi,
Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva,
Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Achadjian, Allen, Bigelow, Brown, Chávez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,
Linder, Maienschein, Mansoor, Melendez, Morrell, Nestande,
Olsen, Patterson, Salas, Wagner, Wilk
NO VOTE RECORDED: Cooley, Daly, Fox, Gray, Holden, Logue,
Torres, Waldron, Vacancy
PQ:d 6/18/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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