Educational equity: sex-segregated school programs and activities: sex at birth., the official text

An act to amend Section 221.5 of the Education Code, relating to educational equity.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with the pupil’s gender identity, irrespective of the gender listed on the pupil’s records.
This bill would revise and recast the provision related to a pupil’s participation in sex-segregated school programs and activities, including athletic teams and competitions, to instead require that a pupil’s participation in those programs and activities be consistent with the pupil’s sex at birth.

The people of the State of California do enact as follows:

SECTION 1.
Section 221.5 of the Education Code is amended to read:
221.5.
(a) It is the policy of this state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes and courses.
(b) A school district shall not prohibit a pupil from enrolling in a class or course on the basis of the sex of the pupil, except a class subject to Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2.
(c) A school district shall not require a pupil of one sex to enroll in a particular class or course unless the same class or course is also required of a pupil of the opposite sex.
(d) A school counselor, teacher, instructor, administrator, or aide shall not, on the basis of the sex of a pupil, offer vocational or school program guidance to a pupil of one sex that is different from that offered to a pupil of the opposite sex or, in counseling a pupil, differentiate career, vocational, or higher education opportunities on the basis of the sex of the pupil counseled. Any school personnel acting in a career counseling or course selection capacity to a pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex. The parent or legal guardian of the pupil shall be notified in a general manner at least once in the manner prescribed by Section 48980, in advance of career counseling and course selection, commencing with course selection for grade 7, so that the parent or legal guardian may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or sport, if required of pupils of one sex, shall be available to pupils of each sex.
(f) (1) A pupil shall be permitted to use facilities consistent with the pupil’s gender identity, irrespective of the gender listed on the pupil’s records.
(2) A pupil’s participation in sex-segregated school programs and activities, including athletic teams and competitions, shall be consistent with the pupil’s sex at birth.