LGBTQI COMPETENCY TRAINING
Trans Family Support Services
Welcoming Schools Program
California State Laws
Seth’s Law (AB 9)
- If school personnel witness an act of discrimination, harassment, intimidation or bullying they MUSTintervene immediately.
Student Safety and Violence Prevention Act (AB 537)
- Schools must protect LGBT students and those perceived to be LGBT from harassment
School Success & Opportunity Act (AB 1266)
- Ensures that Transgender students have access to bathrooms, locker rooms and sports teams that align with their gender identity. Also allows them to change their name and/or gender marker on student information systems without a legal change and without parent permission.
FAIR Education Act (SB 48)
- Amends CA Ed Code to include Fair, Accurate, Inclusive and Respectful reference to contributions by people with disabilities and members of the LGBT community in history and social studies curriculum.
California Healthy Youth Act (AB 329)
- Comprehensive sexual health and HIV prevention education is required at least once in middle and once in high school. It must respect and address the needs of students of all genders and sexual orientations.
Sexual Orientation Change Efforts (SB 1172)
- Prohibits mental health providers from engaging in sexual orientation change efforts with a patient under 18 years of age.
Fair Housing and Employment Act (FEHA)
- Prohibits harassment and discrimination in employment because of sex, gender, gender identity, gender expression, sexual orientation, in addition to all of the other protected statuses.
Insurance Gender Nondiscrimination Act
- Guarantees the right to medically necessary care regardless of gender identity or expression.Transition related care is deemed medically necessary.
The Family Educational Rights and Privacy Act (FERPA)
- Protects the privacy of student education records. Students have the right to keep information about the gender identity and sexual orientation private, including from family. It is against the law for school officials to disclose, or compel students to disclose, that information.
The Equal Access Act (title IX)
- Protects any person from sex-based discrimination, regardless of their real or perceived sex, gender identity, and/or gender expression. Female, male and gender non-conforming students, faculty, and staff are protected from any sex based discrimination, harassment or violence.
The First Amendment
- Protects both freedom of speech and expression. Schools may not restrain student speech unless it will reasonably substantially disrupt the school environment or harm others. Schools cannot prevent students from expressing their identity or discussing same sex families.
Equal Protection Clause-14thAmendment
- Guarantees every citizen equal protection under the law. Often used to protect LGBTQ students.
The Federal Equal Access Act states that any school that receives government funding and has at least one other non-curricular club must also allow a GSA. The law also states that your school must treat all clubs the same and let them use school resources in the same way. If your school lets other clubs meet in classrooms, put up posters and organize school events, they have to let your GSA do the same. Your school cannot force you to change the name of your club, and cannot require permission slips unless other clubs also require them.
Resources on how to start your GSA:
GLSEN Jump Start Guide
GSA Network - Build Your GSA
ACLU Start GSAs