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  

            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  



                                                                    AB 1266

             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  

          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. 

          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  

           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  



                                                                    AB 1266

             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.

          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  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  



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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 Orange County
          L.A. Gay and Lesbian Center
          Labor/Community Strategy Center
          LGBT Community Center of the Desert
          Los Angeles Gender Center
          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

                                   ****  END  ****