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).
In August of 2013, Governor Jerry Brown signed AB1266 into law. The groundbreaking regulation allows transgender students to participate in all school activities, sports teams, and programs that match their gender identity. Learn more.
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 as expressed by the student.
- 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. (See link to change request form below.)
The District will work with families to enter the student’s chosen name and gender into the school roster, and keep legal documentation separate if the legal name/gender has not been changed.
- Restroom Accessibility
Students shall have access to the restroom that corresponds to their gender identity.
- Locker Room Accessibility
Transgender students shall not be forced to use the locker room corresponding to their identified gender
- 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 identified 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.
Download SFUSD 2018-19 Update Roster Request Form (name/gender marker change) (pdf)
View current SFUSD Transgender policy document (pdf)
AB1266 FAQs (pdf)
View AB1266 news story in Action Archives