Introduced by Assembly Member Ammiano
(Coauthor: Assembly Member Atkins)
(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 amended, Ammiano. Pupil rights: sex-segregated school
programs and activities.
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, 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.
AB 1266
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 221.5 of the Education Code is amended
line 2 to read:
line 3 221.5. (a)**It is the policy of the state that elementary and
line 4 secondary school classes and courses, including nonacademic and
line 5 elective classes and courses, be conducted, without regard to the
line 6 sex of the pupil enrolled in these classes and courses.
line 7 (b)**A school district may not prohibit a pupil from enrolling in
line 8 any class or course on the basis of the sex of the pupil, except a
line 9 class subject to Chapter 5.6 (commencing with Section 51930) of
line 10 Part 28 of Division 4 of Title 2.
line 11 (c)**A school district may not require a pupil of one sex to enroll
line 12 in a particular class or course, unless the same class or course is
line 13 also required of a pupil of the opposite sex.
line 14 (d)**A school counselor, teacher, instructor, administrator, or
line 15 aide may not, on the basis of the sex of a pupil, offer vocational
line 16 or school program guidance to a pupil of one sex that is different
line 17 from that offered to a pupil of the opposite sex or, in counseling
line 18 a pupil, differentiate career, vocational, or higher education
line 19 opportunities on the basis of the sex of the pupil counseled. Any
line 20 school personnel acting in a career counseling or course selection
line 21 capacity to a pupil shall affirmatively explore with the pupil the
line 22 possibility of careers, or courses leading to careers, that are
line 23 nontraditional for that pupil’s sex. The parents or legal guardian
line 24 of the pupil shall be notified in a general manner at least once in
line 25 the manner prescribed by Section 48980, in advance of career
line 26 counseling and course selection commencing with course selection
line 27 for grade 7 so that they may participate in the counseling sessions
line 28 and decisions.
line 29 (e)**Participation in a particular physical education activity or
line 30 sport, if required of pupils of one sex, shall be available to pupils
line 31 of each sex.
line 32 (f)**A pupil shall be permitted to participate in sex-segregated
line 33 school programs, and activities, and facilities, including athletic
line 34 teams and competitions, and use facilities consistent with his or
line 35 her gender identity, irrespective of the gender listed on the pupil’s
line 36 records.