Here’s the text of the bill (AB1266), which passed the California State Senate earlier this week:
Section 221.5 of the Education Code is amended to read:
(a) It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in these classes and courses.
(b) A school district may not prohibit a pupil from enrolling in any class or course on the basis of the sex of the pupil, except a class subject to Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2.
(c) A school district may not require a pupil of one sex to enroll in a particular class or course, unless the same class or course is also required of a pupil of the opposite sex.
(d) A school counselor, teacher, instructor, administrator, or aide may not, on the basis of the sex of a pupil, offer vocational or school program guidance to a pupil of one sex that is different from that offered to a pupil of the opposite sex or, in counseling a pupil, differentiate career, vocational, or higher education opportunities on the basis of the sex of the pupil counseled. Any school personnel acting in a career counseling or course selection capacity to a pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex. The parents or legal guardian of the pupil shall be notified in a general manner at least once in the manner prescribed by Section 48980, in advance of career counseling and course selection commencing with course selection for grade 7 so that they may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or sport, if required of pupils of one sex, shall be available to pupils of each sex.
(f) A pupil shall be permitted to participate in sex-segregated school programs, and activities, and facilities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.
By comparison, here is existing law.
Supporters of the legislation, including Sandra Fluke, say they simply want to end discrimination and give transgender students “a fair and equal chance.”
— Trans Pride L.A. (@TransPrideLA) July 9, 2013
— r.r.r. (@rrrchica80) July 9, 2013
— crypto-using syrian (@DiaKayyali) July 8, 2013
— NCLR (@NCLRights) July 8, 2013
— ACLU of Northern CA (@ACLU_NorCal) July 4, 2013
The bill’s advocates gloss over what this legislation would actually do. Look above at the last section of the bill, in bold-faced font. That section allows boys who self-identify as girls to access girls’ bathrooms and compete in girls’ sports, apparently with no questions asked.
These are far-reaching changes which, as we’ve pointed out before, raise obvious issues of fairness and safety. Don’t say you weren’t warned:
Should a transgender Man-to-woman be allowed to brutally beat up women for a living? Read here. http://t.co/HAGVLVuVEt
— Steven Crowder (@scrowder) March 21, 2013