At WSJ, "School Districts Grapple With Newly Enacted Law That Spells Out Rights":
SACRAMENTO, Calif.—School districts in California are grappling with a newly enacted, first-of-its-kind law that spells out rights for those students who don't identify as being the gender of their birth.
California law AB 1266, the first such statewide legislation in the country, grants students who identify themselves as transgender the right to choose the sports teams and extracurricular activities—as well as the bathrooms and locker rooms—that correspond to their gender identities. Backers of the measure say transgender children have been subject to bullying in such settings and have thus taken to avoiding using the restroom or participating in athletics.
There are no firm estimates of how many such students might attend California schools, and no specific guidelines for determining if a youngster should be considered transgender.
Signed by Democratic Gov. Jerry Brown last summer and taken effect this month, AB 1266 is now facing a closely watched repeal effort by opponents, who argue that students of different biological sexes should remain separated.
"Forcing boys and girls to share the same bathroom, locker room and shower facility is in itself bullying," said Tim LeFever of Privacy for All Students, a Sacramento-based group leading the repeal effort. By passing the law, Mr. LeFever said, legislators demonstrated a "real lack of sensitivity for other individuals."
Repeal advocates believe they have compiled enough signatures from registered voters to qualify a measure for the statewide ballot in November. Those signatures must be verified by officials by Feb. 24. Should the measure qualify, the policy would be put on hold until after the vote.
Some districts are moving to comply with the new law. Sacramento Unified School District enacted a new policy regarding transgender students before the holidays. Lawrence Shweky, coordinator for the integrated support services department, said that since the start of the year, several transgender students in the district have come forward and begun using bathrooms and other facilities that correspond with their genders. No issues had arisen so far, Mr. Shweky said.
The school district is still working on its process for determining if a student is transgender. One option might require some kind of formal evaluation. "The way the law is written, it is kind of left up to school district," Mr. Shweky said. "We haven't arrived yet at the process."
The California School Board Association has advised its members that certain state and federal laws extend rights to transgender students regardless of the fate of AB 1266. The association also noted that new bylaws issued by the governing body for California high-school sports allow students to participate on the sports teams that match their gender identities.
Other states make similar accommodations. The Massachusetts Department of Elementary and Secondary Education enacted policies in 2012 allowing transgender students the right to use the pronouns and facilities of the sexes they identify with.
California's law was modeled after policies in place in the Los Angeles and San Francisco school districts. Judy Chiasson, the program coordinator for human relations, diversity and equity at the Los Angeles Unified School District, said the district hasn't had any problems giving transgender students access to the facilities they identify with.
Kane Atticus Tajnai, a 17-year-old senior at Gunderson High School in San Jose, changed his gender identity to male from female this year. Before the start of the school year, he told his teachers and school administrators the he no longer wanted to be referred to as Kathryn. The new policy "did help in giving me the confidence to say, 'I can come out,' " he said...
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