Although Federal and State legislation is in place prohibiting public schools from discrimination based on gender and gender identity, policies surrounding the gender-based discrimination have dominated the news recently; particularly around the subject of restrooms and equal access.   

Under Federal Protection, Title IX prohibits gender discrimination or sex stereotypes, but does not specifically refer to "transgender or gender identity".  In light of the recent attention surrounding restrooms and gender identity, the Obama Administration issued directives earlier this month to pubic school districts across the country allowing transgender students to use restrooms that match the gender with which they identify.   

California Policy deals with the issue of gender discrimination as written in Section 422.55 of the Penal Code addressing hate crimes.  However,  in 2013,  California legislators took the matter one step further by passing new legislation that explicitly deals with equal access to facilities by transgender students attending, public schools, charter schools, and alternative schools.   The School Success and Opportunity Act, (AB 1266) amended section 221.5 of the Ed Code and further specifies the obligation of public school districts to address issues around gender, gender identity, gender expression and transgender students including "use of facilities."    

Nonpublic schools administrators and principals are encouraged to know laws and regulations surrounding this civil rights issue to ensure compliance, avoid lawsuits and to provide a safe and equitable environment for all students.   The California Department of Education offers guidance in applying the state's anti-discrimination statutes in a Legal Advisory listed on their website.  The Department answers Frequently Asked Questions on AB 1266 that includes implementation requirements, a glossary, a list of helpful resources and administrative regulations.