LGBTQ+ AND GENDER

SUPPORT
CINDY HOANG & BRITNI KAY

LGBTQ+ SUPPORT LAWS AND POLICIES

FEDERAL LAWS
15th Amendment
Limits the right of public systems to censor a young person's speech or expression. Protects the right of a youth to be "out," display symbols of pride, and wear clothing
consistent with their gender. The 15th Amendment also gives youth the right to be free of religious indoctrination.
14th Amendment-Due Process Protections (Right to Safety)
The right to "reasonably safe conditions of confinement" and "freedom from unreasonable bodily restraint." Youth have a right to physical and emotional safety, adequate
food, shelter, clothing and appropriate medical care.
14th Amendment-Equal Protection
Requires public systems to protect LGBT youth to the same extent as other youth and respond to harassment. It also provides equal treatment in the provision of
placements and services and equal access to programs.
Title IX
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.

CALIFORNIA LAWS AND EDUCATION CODES

Civil Rights Act of 2007-AB 14
LGBT Californians receive protections from discrimination in state-funded programs and activities.
Nondiscrimination in State Programs and Activities-SB 1441
LGBT Californians protected from discrimination in state-operated and funded services, activities and programs.
Juvenile Justice Safety and Protection Act-SB 518
Protects LGBT youth against discrimination and harassment in the state's juvenile justice facilities.
Omnibus Hate Crimes Act-SB 1234
Makes the state definition of a hate crime consistent throughout law to protect all Californians.
Sexual Orientation Change Efforts SB 1172
Prohibits mental health professionals from using "conversion therapy" to attempt to change a minor client's sexual orientation.
Providing Safe, Supportive Homes for LGBT Youth AB 1856
Requires foster care administrators, group home staff and foster parents to complete training on LGBT cultural competency, sensitivity and best practices with a goal of
improving care and outcomes for LGBT youth in foster care.
School Success and Opportunity Act (AB 1266)
Protects the rights of transgender and gender non-conforming students to participate in sex-segregated programs and activities that are aligned with their gender identity.
This right includes participation on sports teams and in physical education classes. It also protects the rights of youth to use facilities (restrooms and locker rooms) in
alignment with their gender identity.
Section 51500
Public schools can't provide instruction or sponsor activities that promote or reflect bias or discrimination against any person on the basis of their sexual orientation, gender
identity, gender expression, or gender.
The FAIR Education Act (Sections 51204.5 and 60040)
Requires that schools teach the role and contributions of LGBT Americans throughout history.
Sections 51930-51939
A sex ed class, like all other classes, can't reflect or promote bias against any person on the basis of their gender or sexual orientation.
Sections 234-234.5
Administrators, faculty and staff are required to intervene when they witness discrimination, harassment or bullying if they can do so safely.
Section 220
Prohibits discrimination on the basis of gender identity and gender expression—in addition to sexual orientation and other protected characteristics—in public schools or
non-religious private schools.
Section 48907
Protects students' right to discuss LGBTQ issues and topics in school.
Section 48950
No public school, charter school, or non-religious private high school can discipline students for talking about being LGBTQ or for discussing LGBTQ issues.
 LGBTQ AND GENDER SUPPORT

MODEL SCHOOL DISTRICT POLICIES

CALIFORNIA SAFE SCHOOLS COALITION:
HTTP://WWW.CASAFESCHOOLS.ORG/CSSCMODELPOLICY1209.PDF
Privacy : Students have the right to keep private one’s transgender status or gender nonconforming presentation at school. School personnel should not
disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents and other school
personnel, unless legally required to do so or unless the student has authorized such disclosure.
Official Records : The District is required to maintain a mandatory permanent pupil record (“official record”) that includes a student’s legal name and legal
gender. However, the District is not required to use a student’s legal name and gender on other school records or documents. The District will change a
student’s official record to reflect a change in legal name or legal gender upon receipt of documentation that such change has been made pursuant to a
court order.
Names/Pronouns : A student has the right to be addressed by a name and pronoun that corresponds to the student’s gender identity. A court-ordered
name or gender change is not required, and the student need not change his or her official records.
Gender-Segregated Activities : To the extent possible, schools should reduce or eliminate the practice of segregating students by gender.
Student Information Systems : The District has modified its student information system to prevent disclosure of confidential information and ensure that
school personnel use a student’s preferred name and pronouns consistent with the student’s gender identity.
Restroom Accessibility : Students shall have access to the restroom that corresponds to their gender identity consistently asserted at school.
Locker Room Accessibility : The use of locker rooms by transgender students shall be assessed on a case-by-case basis with the goals of maximizing the
student’s social integration and equal opportunity to participate in physical education classes and sports, ensuring the student’s safety and comfort, and
minimizing stigmatization of the student.
Physical Education Classes/Intramural Sports : Transgender and gender nonconforming students shall be permitted to participate in physical education
classes and intramural sports in a manner consistent with their gender identity.
Interscholastic Competitive Sports Teams : Transgender and gender nonconforming students shall be permitted to participate in interscholastic
athletics in a manner consistent with their gender identity.
Dress Codes : Transgender and gender nonconforming students have the right to dress in a manner consistent with their gender identity or gender
expression.
Discrimination/Harassment : It is the responsibility of each school and the District to ensure that transgender and gender nonconforming students have a
safe school environment.
Transferring a Student to Another School : In general, schools should aim to keep transgender and gender nonconforming students at the original school
site.

RESOURCES
The Safe Zone Project (SZP) is a free online resource
providing curricula, activities, and other resources
for educators facilitating Safe Zone trainings
(sexuality, gender, and LGBTQ+ education sessions),
and learners who are hoping to explore these
concepts on their own. Co-created by Meg
Bolger and Sam Killermann in 2013, the SZP has
become the go-to resource for anyone looking to
add some Safe Zone to their life.

https://thesafezoneproject.com/

THE LGBTQ CENTER OC

CONTACT INFO
At the LGBTQ Center OC, all members and allies of the
LGBTQ Center Orange County1605
Lesbian, Gay, Bisexual, and Transgender community of
N. Spurgeon StreetSanta Ana, CA
Orange County join together in a network of support
92701
and unity. Our life-affirming programs focus on
empowerment, and our advocacy efforts focus on
P: (714) 953-LGBTQ (5428)
speaking out against hate and discrimination. We exist
F: (714) 246-8907
so that every segment of the LGBTQ population of
E: info@lgbtcenteroc.org
Orange County has the resources needed to thrive in
their own lives and communities. PAGE | 02