Safe Schools Project

Resources for Queer Youth and Educators in Santa Cruz County

LGBTQ History September P1

Event: California Laws Protect LGBTQ Students

Overview: While you are on campus, you have the right to feel safe and comfortable. Different laws and policies exist to protect LGBTQ students. This lesson provides a brief overview of the laws that protect LGBTQ students in California.

Note to Teacher: Prior to presenting this lesson, look in your district policies for references to specific laws that impact LGBTQ youth (these are accessible via your school district website).  Here is a list of policy numbers and laws related to LGBTQ youth that have been passed in California. Then, find references to these laws protecting LGBTQ youth in your school’s handbook to show to your students – students may like to know how to file a complaint if they feel they have been discriminated against.

Action: See your school student handbook or school district policies to learn how school policies protect against bullying and discrimination. Learn how to complete a complaint form. Know your rights and the processes in place to protect your rights.

Quick Lesson Steps:

  • Questions to ask: Why is it important have laws in support of LGBTQ people and youth? Do you know the laws that protect LGBTQ youth in school?

  • Show / Do:
    a) Go over the laws and what they mean for LGBTQ students: Students have a right to feel safe and comfortable at school. Different laws and policies exist to protect LGBTQ students. Through various laws, LGBTQ students have the right to:

    • Talk about being LGBTQ
    • Talk about LGBTQ issues
    • Be free from harassment, discrimination, and bullying
    • Have a GSA/GSA-related club/group
    • Receive LGBTQ-inclusive education in history and sex ed/health class
    • Assert and express oneself according to gender identity, including which name(s) and pronouns the school uses 
    • Use the facilities that align with one’s gender identity including locker rooms, sports teams, and bathrooms
  • The school (administrators and teachers and support staff) has a responsibility to:
    • Intervene when witnessing bullying
    • Keep your LGBTQ identity confidential (they are not allowed to out you, though schools have been known to do so)
    • Have a strong anti-bullying policy and protect its students from harassment and bullying
  • Overall, schools must work to make the school climate safe and inclusive for all students. In addition, there are laws that have been passed mandating what must be taught in the curriculum by teachers.  Two specific laws are listed below:
    • In 2011, the Fair, Accurate, Inclusive and Respectful (FAIR) Act (SB 48, Leno) was passed. This law requires schools to provide general instruction and textbooks that include information on the contributions of “Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and other ethnic and cultural groups” particularly in the area of social sciences.

    • In 2015, the State Board of Education updated the State History Framework to include LGBTQ History.
      • In 2015, the California Healthy Youth Act – CHYA –  (AB 329, Weber). This act requires all materials and instruction be age-appropriate, medically accurate, and objective. In grades 7-12, classes must cover the safety and effectiveness of all FDA-approved methods for preventing sexually transmitted diseases and pregnancy, including the use of condoms and other contraceptives (removed “abstinence only” instruction). Teachers must be properly trained in the subject. In addition, this act:
        • Requires that instruction and materials shall teach respect for committed relationships as well as marriage.
        • States that sex education instruction and materials may not teach or promote religious doctrine or reflect or promote bias against any person on the basis of any category protected by the state’s school nondiscrimination policy, which includes actual or perceived gender and sexual orientation.
        • Must include a unit that teaches about gender.
        • Requires that all instruction and material be inclusive and appropriate for use with students of all races, genders, sexual orientations, ethnic and cultural backgrounds, and students with disabilities.
        • Health teachers are supposed to be teaching sex education lessons that are comprehensive and inclusive of LGBTQ people.
  • Reflection: How does learning about LGBTQ history and inclusive sex ed impact your learning and safety at school?  What are additional ways that the school could improve student safety for LGBTQ students?

Background:  

Slowly over the years, more laws have been passed in California to ensure LGBTQ students are safe at school. Some of these laws are not specific to LGBTQ students, but end up benefitting all students. For instance, the Equal Access Act of 1984 states that public secondary schools with extracurricular clubs/groups cannot discriminate against particular clubs/groups. For LGBTQ students, this means schools cannot discirminate against GSA/QSA-related clubs/groups and must provide the equal opportunities to such clubs.

Other laws protect LGBTQ students along with other vulnerable groups. The 2000 California Student Safety and Violence Prevention Act (AB 537, Kuehl) prohibits discrimination in California public schools on the same grounds used to define hate crimes under California law regarding discrimination and harassment. This legislation added two new forms of discrimination in law including actual or perceived sexual orientation and actual or perceived gender identity. For transgender students, this means schools must respect their gender identity and expression. Schools are required to use the correct pronouns and names and for you to use school facilities that match your gender identity, including restrooms.

Furthermore, in 2014, the LGBT Cultural Competency for Health Care Providers (AB 496, Gordon) clarified that existing cultural competency training for health care providers should include discussion of lesbian, gay, bisexual and transgender (LGBT) issues. It also redefined the term “cultural and linguistic competency” to mean understanding and applying the roles that culture, ethnicity, race, sexual orientation, gender identity, and gender expression play in diagnosis, treatment, and clinical care.

In terms of bullying and having a safe learning environment, several different laws come into play.

  • The 2015 Help Teacher Combat Bullying and Support LGBT Youth (AB 827, O’Donnell) gives teachers tools and resources to support LGBT students and create safer school environments “as part of a more comprehensive effort to educate school staff on the support of LGBTQ pupils.”
  • In 2013, the School Success and Opportunity Act  (AB 1266, Ammiano) was enacted. This law affirms that transgender youth have the opportunity to fully participate and succeed in schools across the state. It restates existing California and federal law making sure students could fully participate in all school activities, sports teams, programs, and facilities that match their gender identity. The new law added to a national movement to end discriminatory practices and ensure transgender youth have the same opportunity to succeed as other students.
  • The 2007 California Safe Place to Learn Act (AB 394, Levine) specifies the State’s responsibilities to keep schools safe and fight bias and harassment in schools by requiring that the State Education Department assess whether they have complied with existing anti-discrimination and harassment laws and have corresponding policies in place.
  • The 2007 The Student Civil Rights Act (SB 777,  Kuehl) protects students from harassment and bullying in public schools by making sure teachers and school administrators fully understand their responsibilities to protect youth. The State of California must afford all persons in public schools equal rights and opportunities regardless of their gender identity.
  • Seth’s Law (AB 9, Ammiano), passed in 2011, is named after 13-year old middle schooler Seth Walsh, who hanged himself in 2010 in Tehachapi, California. Investigations into his death indicated he was bullied over a long period of time because he was gay. This law requires School Districts to:
    • Adopt a strong anti-bullying policy that specifically spells out prohibited bases for bullying, including sexual orientation and gender identity/gender expression.
    • Adopt a specific process for receiving and investigating complaints of bullying, including a requirement that school personnel intervene if they witness bullying.
    • Publicize the anti-bullying policy and complaint process, including posting the policy in all schools and offices.
    • Post on the district website materials to support victims of bullying.

 Resources:

Table of Contents

See more LGBTQ History Lessons here.