Dear County and District Superintendents and Charter School Administrators:

Ensuring That Students Are Protected from Discrimination Based on Gender Identity, Gender Expression, and Sexual Orientation

Recently questions have arisen about the status of laws protecting California's students from discrimination based on gender identity, gender expression, and sexual orientation.

Title IX of the federal Education Amendments of 1972 prohibits discrimination based on "sex" in education programs or activities receiving federal financial assistance. Federal regulations that took effect for conduct occurring as of August 1, 2024, state that discrimination on the basis of "sex" includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. There are resources relating to the Title IX regulations in Appendix A.

There is a lot of activity going on in the courts regarding the new regulations. Federal courts in certain states have blocked implementation of the regulations in those states for now, and one federal court has blocked implementation of the regulations in certain California schools. Those entities are still subject to Title IX, but they will follow the previous version of the regulations, published in 2020. A list of schools where the new regulations are blocked is in Appendix B. The list may be supplemented in the future.

In any event, nothing in federal law prevents California from providing even more protection from discrimination than does federal law. Notwithstanding any federal court activity, it is important to know that California state law continues to protect students from discrimination based on gender identity, gender expression, and sexual orientation. Under California law, "gender" means sex, and includes a person's gender identity and gender expression; "gender expression" means a person's gender-related appearance and behavior whether or not it is stereotypically associated with the person's assigned sex at birth; and "sexual orientation" means heterosexuality, homosexuality, or bisexuality. California state law specifically provides that students shall be permitted to participate in programs and activities and use facilities that are consistent with their gender identity.

We urge you to remain vigilant in ensuring that all students are able to participate fully in the educational environment free from discrimination.

Sincerely,

/s/

Erika F. Torres, Ed.D., MSW
Deputy Superintendent

Appendix A: Resources

Here are some resources about Title IX from the United States Department of Education's Office of Civil Rights:

• Brief Overview of Key Provisions of the Department of Education's 2024 Title IX Final Rule (PDF)
• 2024 Title IX Regulations: Pointers for Implementation July 2024 (PDF)
• Resources for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures (PDF)
• Small Entity Compliance Guide (PDF)

Appendix B: List of Schools

• List of K-12 Schools from Young America's Foundation, Female Athletes United, and Moms from Liberty Declarants (PDF)
• Second Notice of Plaintiff Schools and List of Schools (PDF)
• Third Notice of Plaintiff Schools and List of Schools (PDF)