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California Student Safety & Violence Prevention

California students are protected from discrimination or harassment based on sexual orientation or gender identification.

Assembly Bill 537

Under the California Student Safety and Violence Prevention Act of 2000 (AB 537) - Full Text External link opens in new window or tab. (PDF), all California public schools have a duty to protect students from discrimination and/or harassment on the basis of sexual orientation or gender identity.

In the Spring of 2000, former State Superintendent Delaine Eastin established an advisory task force to identify ways to implement the California Safety and Violence Prevention Act of 2000 (PDF; 2MB). The California Student Safety and Violence Prevention Act of 2000 (Assembly Bill 537) was enacted to amend California Education Code specifically prohibiting discrimination against and harassment of students and staff in schools on the basis of sex, ethnic group identification, race, national origin, religion, color, or mental or physical disability. This law added the provision that all students and staff in public schools have the same right to a safe learning environment, regardless of their sexual orientation or gender identity.

Senate Bill 1234

The Legislature has recently defined "gender" for purposes of identifying hate crimes and eliminating unlawful discrimination in public schools in SB 1234, amending Penal Code Section 422.58 as follows:

"Gender" means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

Senate Bill (SB) 1234 External link opens in new window or tab. - Full text of Senate Bill 1234 (Chapter 70, Stats of 2004).

Other Resources

Education Code that specifically addresses gender discrimination is listed below:

Education Code sections 200-201 External link opens in new window or tab.

Education Code sections 210-214 External link opens in new window or tab.

Education Code sections 220-221.1 External link opens in new window or tab.

Education Code sections 221.5-231.5 External link opens in new window or tab.

Visit the following Web site for testimony before the Senate Select Committee on School Safety on "Sexual Orientation, Gender Identity Discrimination, and School Safety": School Safety Committee - Hearings
[http://www.senate.ca.gov/ftp/SEN/COMMITTEE/SELECT/SCHOOL_SAFETY/_home/hearings.htp] External link opens in new window or tab. .

 

Questions: Executive Office | 916-319-0800 
Last Reviewed: Tuesday, February 18, 2014
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