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LGBT Laws and Protections

Dawn & Megan

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SB 48: The Fair, Accurate, Inclusive, and Respectful Education Act (2012)

Existing law requires instruction in social sciences to include a study of the role and contributions of both men and women and specified categories of persons to the development of California and the United States.

This bill would update references to certain categories of persons and additionally would require instruction in social sciences to include a study of the role and contributions of lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other cultural groups, to the development of California and the United States.

Must include historical contributions of

  • ALL ethnic minorities
  • People with disabilities
  • GLBT people

Law and Policy Protected Classes

  • Sex
  • Color
  • Race
  • National Origin
  • Mental/Physical DIsability
  • Religion
  • Actual or perceived sexual orientations
  • Actual or perceived Gender identity or expression

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AB537 Ca Student Safety and Violence Protection Act (2000)

Illegal for public schools to

  • Discriminate against students and employees on the basis of real or perceived sexual orientation or gender identity.
  • Allow the school environment to become so hostile for student who are, or perceived to be, lesbian, gay, bisexual, transgender, where they are in effect denied equal access to an education.

Sex and Gender

  • Sex: The Physical characteristics which makes us male or female
  • Sexual Orientation: Who we are attracted to
  • Sexual Identity: The gender in which we identify.

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California Constitution Privacy rights

  • District personnel does not have the right to disclose a student’s sexual orientation to others, including parents.
  • District personnel does not have the right to engage others and parents in a discussion about a student’s gender expression/identity, or make attempts to change it.

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AB 1266

AB 1266, also known as the “School Success and Opportunity Act,” was introduced by Assemblyman Tom Ammiano on February 22, 2013. It 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.

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AB9 Seth’s Law (2012)

Designed to strengthen existing anti-bullying laws.

Schools are required to:

  • Adopt a strong anti-bullying policy that include sexual orientation & gender identity/expression
  • Adopt a specific process for receiving and investigating complaints
  • Publicize the anti-bullying complaint process at all work sites
  • Post on district website materials to support victims of bullying

ALL SCHOOL PERSONNEL ARE REQUIRED TO INTERVENE IF THEY WITNESS BULLYING OR CAN BE HELD PERSONALLY LIABLE!!!

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Federal Law title IX

  • Treat all students equally under the law based on their sex
  • Integrate students in class activities-avoid all male or all female groupings
  • “Battle of the sexes” activities are prohibited
  • After school activities sponsored by the school should be made available for ALL students-no clubs or activities just for boys or girls.
  • PE-integrated the male and female students for participation in the class- No all male or female groupings
  • Sports- males and females are to receive equal funds, facilities and support for their participation in sports

Typical Violations:

  • Motivating boys by calling them “girls”
  • Sex stereotyping- Judging/criticizing students based on their gender expression and gender attire

Best practices:

  • Gender Neutral language, educating all students on the achievements of women in education, politics, sports, entertainment, etc.