Los Angeles Unified School DistrictLos Angeles Unified School DistrictEducational Equity Compliance OfficeEducational Equity Compliance Office

LGBT TrainingLGBT Training

Legal & ComplianceLegal & Compliance

Stephen Jimenez, Project 10 SpecialistStephen Jimenez, Project 10 Specialist

Law & PolicyLaw & PolicyProtected ClassesProtected Classes

SexSex Color Color RaceRace EthnicityEthnicity National OriginNational Origin Mental/Physical DisabilityMental/Physical Disability ReligionReligion Actual or Perceived Sexual OrientationActual or Perceived Sexual Orientation Actual or Perceived Gender Actual or Perceived Gender

Identity/ExpressionIdentity/Expression

Law & PolicyLaw & PolicyCalifornia Student Safety and Violence Prevention Act of 2000California Student Safety and Violence Prevention Act of 2000

AB 537AB 537

This law makes it illegal for public schools to:This law makes it illegal for public schools to:

Discriminate against students and Discriminate against students and employees on the basis of real or perceived employees on the basis of real or perceived sexual orientation or gender identity. sexual orientation or gender identity.

Allow the school environment to become so Allow the school environment to become so hostile for students who are, or perceived to hostile for students who are, or perceived to be, lesbian, gay, bisexual, transgender be, lesbian, gay, bisexual, transgender (LGBT), where they are in effect denied (LGBT), where they are in effect denied equal access to an education. equal access to an education.

Ed Code Ed Code § 200 – State Policy Purpose: equal rights and opportunities based on § 200 – State Policy Purpose: equal rights and opportunities based on protected protected class status which includes gender and sexual class status which includes gender and sexual orientation. orientation.

Ed Code § 201 – Legislative Declarations: equal rights for educational Ed Code § 201 – Legislative Declarations: equal rights for educational participation, participation, affirmative obligation to sexism and other bias, affirmative obligation to sexism and other bias, hostile free learning hostile free learning environment, prevention and intervention, and environment, prevention and intervention, and teaching and promoting teaching and promoting tolerance and sensitivity. tolerance and sensitivity.

Law & PolicyLaw & PolicyPreventivePreventive Strategies to Respond to Anti-LGBT HarassmentStrategies to Respond to Anti-LGBT Harassment

Discussions on respect for all students – include all protected classesDiscussions on respect for all students – include all protected classes District Position on LGBT – Acceptance. Sexual orientation is not a District Position on LGBT – Acceptance. Sexual orientation is not a

issue.issue. Educating students on sexual orientation – i.e. gay, lesbian, straight, Educating students on sexual orientation – i.e. gay, lesbian, straight,

bisexualbisexual School employees demonstrating their comfort to discuss LGBT School employees demonstrating their comfort to discuss LGBT

themes.themes. Integrating LGBT themes in the curriculum. Integrating LGBT themes in the curriculum. School employees making affirming comments about people who School employees making affirming comments about people who

are LGBT.are LGBT. Teachable moment when students use gay slurs. Teachable moment when students use gay slurs. Not tolerating gay slurs. Not tolerating gay slurs. Guest speakers on LGBT bullying and harassment. Guest speakers on LGBT bullying and harassment. Discussions on news worth items regarding LGBTDiscussions on news worth items regarding LGBT

Law & PolicyLaw & PolicyImplications of AB 537Implications of AB 537

StudentsStudents Rights to express sexual orientation and gender identityRights to express sexual orientation and gender identity Rights to discuss LGBT issues in or outside the classroomRights to discuss LGBT issues in or outside the classroom Rights to attend a hostile free school environmentRights to attend a hostile free school environment

EducatorsEducators Rights to express sexual orientation and gender identityRights to express sexual orientation and gender identity Rights to discuss LGBT issues in or outside the classroomRights to discuss LGBT issues in or outside the classroom Rights to work in a hostile free environmentRights to work in a hostile free environment Rights to teach LGBT supplemental curriculum (K-12)Rights to teach LGBT supplemental curriculum (K-12) Rights to advocate on behalf of students who are bullied, harassed Rights to advocate on behalf of students who are bullied, harassed

or discriminated against. or discriminated against.

Comments, Questions & AnswersComments, Questions & Answers

We don’t need Gay Straight Alliance (GSA) clubs – gay people are accepted. We don’t need Gay Straight Alliance (GSA) clubs – gay people are accepted. LGBT youth, actual or perceived, are targeted far more than other protected classes. LGBT youth, actual or perceived, are targeted far more than other protected classes. Participation in a GSA potentially targets students.Participation in a GSA potentially targets students.

Don’t lump gay people in with other civil rights movements; it’s a lifestyle.Don’t lump gay people in with other civil rights movements; it’s a lifestyle.The state of California has defined sexual orientation as a ‘protected class’ therefore The state of California has defined sexual orientation as a ‘protected class’ therefore it is a ‘civil rights issue’.it is a ‘civil rights issue’.

Gay is a choice. Gay is a choice. The courts in California have defined sexual orientation as an ‘immutable’ The courts in California have defined sexual orientation as an ‘immutable’ characteristic; meaning that it doesn’t change.characteristic; meaning that it doesn’t change.

Can’t we just put them somewhere else?Can’t we just put them somewhere else?Segregating students by protected class is discrimination. Segregating students by protected class is discrimination.

Can non-gay students tease each other about being ‘gay’?Can non-gay students tease each other about being ‘gay’?No. It is a violation of state law and district policy. No. It is a violation of state law and district policy.

Can I affirm gay people?Can I affirm gay people?Absolutely, and it’s encouraged that we affirm ALL protected classes. Absolutely, and it’s encouraged that we affirm ALL protected classes.

As a district employee, its my 1As a district employee, its my 1stst Amendment right to say anything negative about Amendment right to say anything negative about gay people. gay people. False. As district employees, we protect all students.False. As district employees, we protect all students.

When students say, “That’s so gay”, they aren’t targeting gay people. ‘Gay’ to young When students say, “That’s so gay”, they aren’t targeting gay people. ‘Gay’ to young people means something ‘lame’ or ‘stupid’. people means something ‘lame’ or ‘stupid’. Gay is defined as one’s sexual orientation. Gay also refers to people and a Gay is defined as one’s sexual orientation. Gay also refers to people and a community. Gay can also be defined as culture. It is never defined as ‘lame or stupid’ community. Gay can also be defined as culture. It is never defined as ‘lame or stupid’ and students are violating the rights of others by using gay as demeaning or and students are violating the rights of others by using gay as demeaning or something negative. something negative.

Gay 101: Definition of TermsGay 101: Definition of Terms

ClosetedCloseted – concealing one’s sexual orientation. – concealing one’s sexual orientation. Down LowDown Low – a term that primarily describes men who self-label as ‘heterosexual’ yet have – a term that primarily describes men who self-label as ‘heterosexual’ yet have

same sex relationships. same sex relationships. Gay Gay – used generically to refer to men and women who are attracted to persons of the – used generically to refer to men and women who are attracted to persons of the

same sex. same sex. Homosexual is one’s sexual orientation and is considered a ‘clinical term; not the Homosexual is one’s sexual orientation and is considered a ‘clinical term; not the appropriate label to use with gay persons.appropriate label to use with gay persons.

HomophobiaHomophobia – a bias against anything or anyone who falls outside the heterosexual – a bias against anything or anyone who falls outside the heterosexual paradigm. As with any other prejudice, homophobia exists on a continuum. paradigm. As with any other prejudice, homophobia exists on a continuum.

Internalized HomophobiaInternalized Homophobia – self-loathing or the acceptance of anti-gay sentiments by a gay – self-loathing or the acceptance of anti-gay sentiments by a gay person about him/herself. person about him/herself.

Intersex Intersex – a person who is born with partial sex organs, and many of the secondary sex – a person who is born with partial sex organs, and many of the secondary sex characteristics of both male and female. characteristics of both male and female. Hermaphrodite is the term no longer used and Hermaphrodite is the term no longer used and considered offensive.considered offensive.

Pink TrianglePink Triangle – the symbol the Nazis used to identify gay men for horrific treatment. The – the symbol the Nazis used to identify gay men for horrific treatment. The pink triangle has been claimed by the LGBT community as a symbol of pride. pink triangle has been claimed by the LGBT community as a symbol of pride.

QueerQueer – a generic term, commonly used by LGBT youth, to mean ‘not straight’. – a generic term, commonly used by LGBT youth, to mean ‘not straight’. Rainbow FlagRainbow Flag – designed in 1978 as a symbol of LGBT pride. Each color represents a – designed in 1978 as a symbol of LGBT pride. Each color represents a

concept. concept. Sexual OrientationSexual Orientation – describes the dimensions of one’s sexual attractions which includes – describes the dimensions of one’s sexual attractions which includes

homosexual, heterosexual and bisexual. homosexual, heterosexual and bisexual. Terms no longer used:Terms no longer used: sexual preference, gay sexual preference, gay lifestylelifestyle

Transgender Transgender – an ‘umbrella’ term used to describe a person whose physical appearance – an ‘umbrella’ term used to describe a person whose physical appearance and gender expression as gender non-conforming regarding their biological sex. and gender expression as gender non-conforming regarding their biological sex. Transsexual is the description used within the Transgender community to describe someone Transsexual is the description used within the Transgender community to describe someone who has undergone sexual re-assignment surgery.who has undergone sexual re-assignment surgery.

Cross DresserCross Dresser – a person, usually a heterosexual man, who dresses in women’s attire for – a person, usually a heterosexual man, who dresses in women’s attire for relaxation or entertainment. relaxation or entertainment. Transvestite is the term no longer used and is considered Transvestite is the term no longer used and is considered offensive.offensive.

Law & PolicyLaw & PolicyGender Identity/ExpressionGender Identity/Expression

Gender Expression: How one expresses Gender Expression: How one expresses masculine or feminine behavior through masculine or feminine behavior through gestures, movement, and attire. gestures, movement, and attire.

Gender Identity: One’s understanding or Gender Identity: One’s understanding or ‘feeling’ of being male or female ‘feeling’ of being male or female regardless of one’s biological sex. regardless of one’s biological sex.

Ed Code 210.7 – “Gender” means sex, and includes a person’s gender Ed Code 210.7 – “Gender” means sex, and includes a person’s gender identity and identity and gender related appearance and gender related appearance and behavior whether or not behavior whether or not stereotypically stereotypically associated with the person’s assigned sex at associated with the person’s assigned sex at birth. birth.

Law & PolicyLaw & PolicyTransgender AccommodationsTransgender Accommodations

Names and Pronouns – Students have the right to be addressed by the pronoun and name of their choice. A student’s legal name cannot be changed on official documents and on the school’s computer system without a court order.

Attire – Students are allowed to choose the masculine or feminine attire that corresponds with their gender identity.

Expression – Students are allowed to express their gender (masculine or feminine) as they choose or that which corresponds with their identity.

*Restrooms – Generally, restrooms are not based on a student’s gender identity and are separated by sex.

*Locker Rooms – Generally, locker rooms are not based on a student’s gender identity and are separated by sex.

Ed Code 231 – Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes, so long as comparable facilities are provided.

Law & PolicyLaw & PolicyCalifornia ConstitutionCalifornia Constitution

Privacy Rights for StudentsPrivacy Rights for Students

District personnel do not have the District personnel do not have the right to disclose a student’s sexual right to disclose a student’s sexual orientation to others, including orientation to others, including parents.parents.

District personnel do not have the District personnel do not have the right to engage others and parents in right to engage others and parents in a discussion abut a student’s gender a discussion abut a student’s gender identity and expression or make identity and expression or make attempts to change it. attempts to change it.

A student’s sexual orientation, A student’s sexual orientation, gender identity and expression may gender identity and expression may be disclosed to employees with a be disclosed to employees with a ‘need to know’ (principal, primary ‘need to know’ (principal, primary teacher (s), nurse, psychologist.teacher (s), nurse, psychologist.

Law & Policy Law & Policy Federal Law Title IXFederal Law Title IX

Anti-Sex Discrimination Law (1972)Anti-Sex Discrimination Law (1972)

Equal treatment based on sex Equal treatment based on sex *Co-Ed and integrated classrooms and *Co-Ed and integrated classrooms and

activitiesactivities All academic courses, electives, All academic courses, electives,

activities and clubs are open to both activities and clubs are open to both sexessexes

*P.E. Classes – integrated instruction*P.E. Classes – integrated instruction *Sports – equal opportunity to *Sports – equal opportunity to

participate for both sexes; equal and participate for both sexes; equal and comparable facilities and fundingcomparable facilities and funding

Best Practices: gender neutral language; Best Practices: gender neutral language; encouraging encouraging young women to young women to participate in extra-participate in extra- curricular activities, sports and curricular activities, sports and

promoting higher learning in promoting higher learning in male male dominated fields. dominated fields.

Law & PolicyLaw & PolicyFederal LawFederal Law - - Equal Access Act (1984)Equal Access Act (1984)

All groups and or clubs have equal access to meeting spaces, PA system, school periodicals, bulletin board space etc.

Students have the right to form Gay Straight Alliance clubs

Groups and clubs are student initiated Attendance is voluntary Persons of the community that are not

students may not ‘direct, conduct, control, or regularly attend meetings’.

Law & PolicyLaw & PolicyFreedom of Speech and Expression: Student’s RightsFreedom of Speech and Expression: Student’s Rights

Ed Code 48907Ed Code 48907 ( (Publications, Essays) Publications, Essays)

Obscene, libelous or slanderous Obscene, libelous or slanderous expression, distribution or postings. expression, distribution or postings.

Incite students to create unlawful acts Incite students to create unlawful acts on school premises or the violation of on school premises or the violation of school rules. school rules.

Substantial disruption of the orderly Substantial disruption of the orderly operation of the school. operation of the school.

Law & PolicyLaw & PolicyFreedom of Speech and Expression: Student’s RightsFreedom of Speech and Expression: Student’s Rights

Federal Law – Tinker v. Des Moines (1969)Federal Law – Tinker v. Des Moines (1969)

Substantial disruption to the orderly Substantial disruption to the orderly conduct of the school. conduct of the school.

Harmful speech that violates the rights of Harmful speech that violates the rights of others; the use of ‘fighting words’ and others; the use of ‘fighting words’ and epithets. epithets.

T-shirtsT-shirts ButtonsButtons Political Speech Political Speech Religious SpeechReligious Speech Protected ClassesProtected Classes Limited Open ForumsLimited Open Forums

Law & PolicyLaw & Policy11stst Amendment and Religion Amendment and Religion

“ “Congress shall make no law respecting an Congress shall make no law respecting an establishment of establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof.”exercise thereof.”

The Establishment ClauseThe Establishment Clause

The Establishment Clause prohibits the government The Establishment Clause prohibits the government from passing legislation to establish an official religion or from passing legislation to establish an official religion or preferring one religion over another. preferring one religion over another.

Quoting Thomas Jefferson, the U.S. Supreme Court Quoting Thomas Jefferson, the U.S. Supreme Court has stated that the Establishment Clause was intended to has stated that the Establishment Clause was intended to accomplish this end by erecting a “wall of separation accomplish this end by erecting a “wall of separation between church and state”. between church and state”.

Law & PolicyLaw & PolicyReligion and the LawReligion and the Law

The ‘Umbrella’ of ReligionThe ‘Umbrella’ of Religion

Judaism Christianity Mohammedanism Hinduism Buddhism Agnosticism Paganism Atheism Satanism All other forms of spirituality

Law & PolicyLaw & PolicyComplaint OfficersComplaint Officers

Title IX Complaint Officer – assistant principal, Title IX Complaint Officer – assistant principal, counselor or deancounselor or dean

PrincipalPrincipal DirectorDirector LAUSD Central Office – Educational Equity LAUSD Central Office – Educational Equity

Compliance OfficeCompliance Office School BoardSchool Board

Formal ComplaintsFormal Complaints Uniform Complaint ProceduresUniform Complaint Procedures