Help Protect AB 1266 - The California School Success and Opportunity Act

November 20, 2013

In recent months, Assembly Bill 1266, the School Success and Opportunity Act, was passed by both chambers of the California legislature and signed into law by Governor Jerry Brown. This bill restates existing anti-discrimination law requiring that transgender students, like all students, be provided with a safe and supportive school environment where they can succeed.

AB 1266, just like other existing state and federal nondiscrimination laws, requires schools to permit all students to participate in programs and activities consistent with the gender that they identify with. These include physical education classes, sports teams, restrooms, locker rooms and any other school event, activity or program that separates or makes gender-based distinctions among students.

While the law is already in place in California, opponents at the Capital Resource Institute and National Organization for Marriage have gathered signatures in order to repeal the law via ballot referendum. If they are able to reach 100% of the required amount of signatures, the referendum will qualify for the ballot. The Capital Resource Institute and The National Organization for Marriage are anti-gay groups both with histories of spreading misinformation to the public, and they’re doing so once again with lies about AB 1266.

It is imperative that we as a community work together to block the measure from the ballot if we can and to prepare to win at the ballot if we are forced to wage a campaign.

Gender Spectrum, GSA Network, Equality California, the National Center for Lesbian Rights, the Transgender Law Center, and the ACLU have provided information to help you educate your supporters and the public about the lies opponents are using to misrepresent the School Success and Opportunity Act.

Here is what you need to know about the truth of AB 1266:

  • The Act does not require schools to create new programs or new facilities for any students, so it does not carry a cost.
  • California and federal law (Cal. Ed. Code § 220 and Title IX) already require schools to treat transgender students equally and fairly by ensuring that they are allowed to participate in sex-segregated school programs and use facilities in line with their gender identity. The School Success and Opportunity Act just added language to make it clear to everyone that those protections already apply to programs, activities and facilities that are separated by gender.
  • The possible referendum would only add to confusion over implementation of the law, as existing California law and existing federal law already protect transgender students from discrimination.

Anti-discrimination laws already exist in California schools, but many transgender students are still unfairly excluded from participating in activities, programs and facilities because of their gender identity. We cannot let opponents remove basic rights for transgender students that are necessary for them to succeed in school.

A broad coalition of organizations has formed, including advocates for teachers, LGBT organizations, labor unions, faith communities, racial justice groups and many other groups that believe all students should be able to succeed. At the Equality Federation, we’re proud to add our name to the growing list, and we stand with these groups to protect transgender students in California.

Click here to learn more about the coalition that's working to support all California students.

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