What Are LGBTQ+ Student’s Rights?

 

Trans and LGBTQ+ Students have the right…

· To be who you are, whether you identify as binary, nonbinary, genderfluid, agender, bigender, or  another gender.

· To use the restroom or locker room that matches your gender identity as opposed to a gender-neutral restroom in the nurse’s office or staff area.

· To play on a sports team that matches your gender identity.

· To express your gender with your clothing, hair, jewelry, voice, and mannerisms, even if some or all of those things don’t match the sex you were assigned at birth.

· To not be bullied or harassed

Your school has the duty…

· To respect student’s identities and refrain from discriminating against students because they’re LGBTQ+.

· To intervene and reasonably respond to harassment, including when peers or teachers misgender students, or intentionally misname or deadname you.

· To refer to students by their chosen name and gender pronouns.

· To not share a student’s gender identity or sexuality without permission—this includes to other students, staff, parents, and guardians

 

California Laws That Protect Students at Schools

 Title IX: is a federal law banning sex discrimination in schools. Courts have made it clear that that includes discrimination against someone because they are transgender or don’t meet gender stereotypes or expectations. Title IX applies to all schools (including both K–12 schools and colleges) that get federal money, including nearly all public schools.

 

AB 1266: also known as the “School Success and Opportunity Act,” requires that pupils be permitted to participate in sex-segregated school programs, activities, and use facilities consistent with their gender identity, without respect to the gender listed in a pupil’s records.

 

Education Code Section 200: It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state.

 

AB 9 Seth’s Law (2012): requires public schools to update their anti-bullying policies and programs and it focuses on protecting students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability, and religion.

Requires schools to...

  • To adopt specific processes for receiving and investigating complaints of bullying

  • To take immediate steps to intervene if school personnel witness bullying, harassment, intimidation, or discrimination

  • Publicize the anti-bullying policy and complaint process

  • Post on the district website materials to support victims of bullying

 

The Equal Access Act requires all student organizations, such as a Gay-Straight Alliance or Pride Alliance in federally funded schools, to be treated equally. This means that public schools, or any which receive federal funding, cannot ban certain types of groups or single them out.

 

Family Educational Rights and Privacy Act (FERPA) protects personal information about students in school records, and in most cases it makes it illegal for schools to share that information with others without permission from a student or (if the student is a minor) their parents. This includes information about their transgender status or medical history.

 

First Amendment of the U.S. Constitution protects students’ freedom speech and freedom of expression. That includes the right to dress according to your gender identity, talk about being transgender openly, and express your gender in other ways.

 

California Family Code § 6925: Minors may receive medical care related to the prevention or treatment of pregnancy, may consent to an abortion and receive birth control without parental consent. Read the full chart of minor medical consent laws here.

 

*We use the word 'Trans' in its most inclusive sense: encompassing all whose gender identity varies or is different from their sex-assigned-at-birth.