Transgender students attending California public schools will not be affected by the recent U.S. Department of Justice action rescinding the federal guidance regarding transgender students’ use of bathrooms and facilities that match their gender identity.
In May 2016, under the prior U.S. executive administration, the Department of Justice and Department of Education publicized guidance to the nation’s public schools instructing them to protect the rights of transgender students to use restrooms and locker rooms that match their gender identities. Thereafter, in February 2017, a joint determination by the Department of Justice and Department of Education returned this issue to the state level.
With the passage of California Assembly Bill 1266, which became California Education Code, section 221.5, subdivision (f) on January 1, 2014, transgender students attending California public schools have the right to use facilities consistent with their gender identity.
As such, transgender students attending California public schools will continue to be protected by the provisions of California Education Code section 221.5(f) and will not be impacted by the recent revised federal directive.