BILL NUMBER: AB 1266	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano
   (Coauthors: Senators Lara and Leno)

                        FEBRUARY 22, 2013

   An act to amend Section 221.5 of the Education Code, relating to
pupil rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1266, as introduced, Ammiano. Pupil rights: sex-segregated
school programs.
   Existing law prohibits public schools from discriminating on the
basis of specified characteristics, including gender, gender
identity, and gender expression, and specifies various statements of
legislative intent and the policies of the state in that regard.
Existing law requires that participation in a particular physical
education activity or sport, if required of pupils of one sex, be
available to pupils of each sex.
   This bill would require that a pupil be permitted to participate
in sex-segregated school programs, activities, and facilities,
including athletic teams and competitions, consistent with his or her
gender identity, irrespective of the gender listed on the pupil's
records.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 221.5 of the Education Code is amended to read:

   221.5.  (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, activities, and facilities, including athletic teams
and competitions, consistent with his or her gender identity,
irrespective of the gender listed on the pupil's records.