Transgender Student’s Rights And it effects on School budgets Team Members: Robert Owen, Stephanie Rocha, Rosalba Mejia, Juan Carrasco, and Samantha Wall

Legal Cases Case: Student v. Arcadia Unified School District STATUS: Victory, National- After transitioning, the student returned to middle school hopeful that everything would go smoothly. Although he presented as male and had completed a court-ordered name change, the school district still required that he use the nurse’s office for restroom access and to change in and out of his gym clothes. Transgender teen wins case over using girls' bathroom at school School officials violated state anti-discrimination law when they would not allow a transgender fifth-grader to use the girls' bathroom The ruling is the first time a state high court concluded that a transgender person should use the bathroom of the gender with which they identify, according to GLAD. Legal Cases- Rosalba

Legal Cases Pro and Cons Bringing awareness to the cost of not being informed about human rights Cons Facilities and the costs are not included in school budgets

Budget http://www.leginfo.ca.gov/.html/edc_table_of_contents.html -California Education Code http://www.winknews.com/2016/05/19/collier-schools-consider-parting-with-federal-funding-over-transgender-directive/ -Collier schools consider parting with federal funding over transgender directive

Existing Law Section 220 California Education Code states “no person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic . . . in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance . . .” Cal. Educ. Code § 220 Section 200 of the Education Code states, “it is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation . . . equal rights and opportunities in the educational institutions of the state.” Cal. Educ. Code § 200. Section 201 goes on to state, “California’s public schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. Cal. Educ. Code § 201. See also Cal. Civ. Code § 51 (defining gender in the same language).. Juan

New Law A.B. 1266 adds the following language to Section 221.5(f) to the Education Code: “A pupil shall be permitted to participate in sex-segregated school programs and activities, 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.” Students, as of January 1, 2014 have a clear right to access the school facilities consistent with their gender identity, irrespective of the gender listed on their school records. This means that students must be allowed access to the bathroom and locker room that is consistent with their gender identity as that identity is asserted at school. Additionally, as of January 1, 2014, it is clear that students have the right to participate in CIF sports consistent with their gender identity irrespective of the identity listed on their school records.

Facilities Assembly Bill 1266 went into effect January 1, 2014 in California. The first of its kind law in the country restates California and Federal law the ensures students can fully participate in school activities, programs, sports teams and use facilities that match their gender identity. What this means: It is no longer enough for schools to just provide a private bathroom or changing place for transgendered students. Facilities must be upgraded to include transgendered students. Locker rooms and bathrooms must be remodeled to accommodate transgender students. Schools will need to decide how to accomplish this. Some options are making all bathrooms stalls only as well as providing private changing stalls and restroom stalls in locker rooms. Schools also need to find money to complete remodels as well as decide time frames for the work to be completed. As well as ensuring all remodels are ADA accessible. This may require bathrooms and locker rooms to be extended. Pros: Transgender students will have a place to change and use the restroom that matches their gender identity as well as have privacy to allow for them to feel more comfortable. Cons: It will be extremely expensive to remodel all bathrooms and locker rooms on a campus. Depending on the size of the school the cost can range in the 100’s of thousands to the million. Funding Codes: 7701-7799 state schools facilities projects Facilities- Robert

Community Education The transgender issue is a very sensitive topic for some and it’s important that this topic is addressed in a sensitive matter to the community. It’s important to not only bring in trainings for your staff, but to have meetings for your community as well. The new law should be stated in your handbook so that parents are aware about new facility changes as well as sports teams. A newsletter should also go home at the beginning of the school year about the new law. Community meetings should happen a few times throughout the year in order to give everyone ample opportunity to attend. Pros: The District handled gender diversity issues with the community allowing students to feel welcome and accepted at school. Stakeholders are aware of the new law. Cons: Costs are high. A training put on by an outside company will cost at least 8,000 per day. More manpower and supplies will go into changing the handbook as well as making additional newsletters and flyers throughout the year. Budget: Outside Training: 8,000 from Code 5100 Office Supplies: 1,000+ from Code 4000 Community education - Stephanie

Staff Trainings Gender Diversity Trainings can help your school provide a supportive, non-discriminatory environment for all students, including gender-nonconforming and transgender children. They help administrators, teachers, and staff gently move from awareness to action in order to create more inclusive learning and social environments. Pros: Staff handle gender diversity issues with understanding and students feel welcome and accepted at school. Cons: Cost are high. A training put on by school site psychologist is the most cost efficient way to go but they might not have the training necessary to take on these issues. Hiring outside companies will cost at least 8,000 per day. Money would come from code 5100 Budget: School Site Psychologist: 3,000 from Code 2300 Outside Training: 8,000 from Code 5100 Trainings- Samantha

Counseling Transgender youth run a high risk of family rejection, suicide, substance abuse, peer aggression, and family violence. *At the elementary site the counselor will seek to be a safe spot for the student to openingly discuss gender expression. *In middle school and high school the counselor will be working more proactively to address gender issues within classroom to combat bullying. Pros: Students will have a safe person to turn to and will feel safe and accepted at school. Cons: School Counselor will be spending a lot of time focusing on these students and issues and other issues will either go by the way side or the district will need to hire another counselor. Budget Considerations: New Hire: Starting at 70,000 a year plus health and wellness costs. Code 2300 Counseling- Samantha

Resources Case: Student v. Arcadia Unified School District http://www.nclrights.org/cases-and-policy/cases-and-advocacy/student-v-arcadia-unified-school- district/ PORTLAND, Maine (AP) -- School officials violated state anti-discrimination law when they would not allow a transgender fifth-grader to use the girls' bathroom. http://www.leginfo.ca.gov/.html/edc_table_of_contents.html -California Education Code http://www.winknews.com/2016/05/19/collier-schools-consider-parting-with-federal-funding-over-transgender-directive/ -Collier schools consider parting with federal funding over transgender directive http://www.kmtg.com/node/2926 -California Assembly Bill 1266 Leagal Alert https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1266 -California Legislative Information Gender Diversity Triaining: http://www.genderdiversity.org/schools/ School Counciling: http://www.schoolcounselor.org/magazine/blogs/september-october-2015/transgender-and-gender-nonconforming-students-adv Code Resource book: http://www.cde.ca.gov/fg/ac/sa/documents/csam2016complete.pdf