State Laws

What’s on the books in California?

Quick note. We are not lawyers. Our goal here is to help make information easy to find, but we can’t technically give legal advice. Is one of these out of date? Or being actively challenged? Please reach out at the Join Us page!

Seth’s Law

AB 9, 2012

Requires schools and personnel to protect students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability, and religion. https://www.aclusocal.org/en/seths-law

School Success and Opportunity Act

AB 1266, 2013

Students are permitted to participate in sex-segregated school programs and activities, including athletic teams, and use facilities consistent with their gender identity, irrespective of the gender listed on the pupils records.

  • Students may use the restroom that reflects their gender identity
  • AERIES may be updated to reflect a student’s gender and name (male, female, non-binary) With parent consent
  • Student privacy of gender identity at school can be maintained, irregardless of parent consent
  • If a student so chooses, district personnel shall be required to address the student by a name and the pronouns consistent with the student’s gender identity, without the necessity of legal documentation or a change to the student’s official district record. 
  • If a member of the school community intentionally uses a student’s incorrect name and pronoun, or persistently refuses to respect a student’s chosen name and pronouns, that conduct should be treated as harassment.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1266

The F.A.I.R. Act

SB 48, 2012

The state of California requires schools to teach about the contributions of women, people of color, and other historically underrepresented groups. including people with disabilities and lesbian, gay, bisexual and transgender people in history and social studies lessons. https://lgbtqhistory.org/about-fair-education-act/

No book bans

AB 1078

AB 1078 provides the Superintendent of Public Instruction the authority to buy textbooks for students in a school district, recoup costs, and assess a financial penalty if a school board willfully chooses to not provide sufficient standards-aligned instructional materials for students. The law also prohibits school boards from banning instructional materials or library books on the basis that they provide inclusive and diverse perspectives in compliance with state law.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1078

SAFETY Act

AB 1955

A school employee shall not be required to disclose any information related to a pupil’s LGBTQ+ identity to any other person without the pupil’s consent.

https://lgbtqcaucus.legislature.ca.gov/safety-act

California Healthy Youth Act

Students have the right to LGBTQ inclusive Sexual Health Education. Parent notification is not required when learning about LGBTQ inclusive topics. A parent may not opt their child out of instruction that may reference gender, gender identity, sexual orientation, discrimination, bullying, relationships, or family.

https://www.cde.ca.gov/fg/fo/r8/chyattltr.asp