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Education Law

Education Laws

Senate Bill 48: FAIR Education Act

The bill added language to Education Code Section 51204.5, which prescribes the inclusion of the contributions of various groups in the history of California and the United States. This section already included men and women and numerous ethnic groups; the expanded language now includes (additions bolded):“...a study of the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups, to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.”

SRVUSD’s Board Policy 5145.3 on Nondiscrimination/Harassment/Anti-Bullying

District programs and activities shall be free from discrimination, including harassment, intimidation or bullying with respect to a sex, gender, gender identity or gender expression, ethnic group identification, race, ancestry, national origin, religion, color, physical or mental disability, marital or parental status, age or sexual orientation; the perception of one or more of such characteristics, or association with a person or group with one or more of these actual or perceived characteristics.

California Education Code 220-221.1; 221.5

The California Education Code states that “all pupils have the right to participate fully in the educational process, free from discrimination and harassment.” Cal. Ed. Code Section 201(a). Section 220 of the Education Code provides that no person shall be subject to discrimination on the basis of gender in any program or activity conducted by an educational institution that receives or benefits from state financial assistance. The Code further provides that public schools have an affirmative obligation to combat sexism and other forms of bias, and a responsibility to provide equal educational opportunity to all pupils. Cal. Ed. Code Section 201(b).

California Education Code Section 221.5(f) specifically requires that “A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with [their] gender identity, irrespective of the gender listed on the pupil’s records.”

The California Code of Regulations similarly provides that “No person shall be excluded from participation in or denied the benefits of any local agency's program or activity on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability in any program or activity conducted by an ‘educational institution’ or any other ‘local agency’. . .that receives or benefits from any state financial assistance." (5 CCR Section 4900(a))

Title IX: Gender Equity

It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Education Code 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.

Assembly Bill 1266: School Success and Opportunity Act

AB 1266 make it clear to school districts, teachers, parents and students that California’s nondiscrimination law requires public schools to respect a transgender student’s identity in all school programs, activities, and facilities. This bill will simply ensure that transgender boys and girls are treated just like all other boys and girls so that they can participate fully in school activities and graduate on time.

FERPA: Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when they reach the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."