California Law Prohibits Gender-Based Discrimination in Public Schools
Poster Art by SFUSD Student
The California Code of Regulations defines “gender” as: “a person's actual sex or perceived sex and includes a person's perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person's sex at birth.” 5 CCR Section 4910(k).
The San Francisco Unified School District School Board regulation R5163 is meant to advise school site staff and administration regarding transgender and gender non-conforming student concerns in order to create a safe learning environment for all students, and to ensure that every student has equal access to all components of their educational program.
How are schools expected to implement the SFUSD Board Policy which Prohibits Gender-Based Harassment?
Students shall have the right to be addressed by a name and pronoun corresponding to their gender identity that is exclusively and consistently asserted at school.
- Official Records
The District shall change a student’s official records to reflect a change in legal name or gender upon receipt of documentation that such legal name and/or gender have been changed pursuant to California legal requirements.
- Restroom Accessibility
Students shall have access to the restroom that corresponds to their gender identity exclusively and consistently at school.
- Locker Room Accessibility
Transgender students shall not be forced to use the locker room corresponding to their gender assigned at birth.
- Sports and Gym Class
Transgender students shall not be denied the opportunity to participate in sports and gym.
- Dress Codes
Students shall have the right to dress in accordance with their gender identity that is exclusively and consistently asserted at school, within the constraints of the dress codes adopted at their school site.
- Gender Segregation in Other Areas
As a general rule, in any other circumstances where students are separated by gender in school activities, students shall be permitted to participate in accordance with their gender identity exclusively and consistently asserted at school.