Rights for LGBT, Allied and ALL

Students

Presented by FUHS GSA

Legal Disclaimer

• The topics we will discuss today are basic rights pertaining to students. The information provided for this presentation came from The Center OC and the ACLU.

• If there are specific legal questions, we will contact Joey Hernández (jhernandez@aclu-sc.org) after the presentation via email.

Freedom of Speech

• First Amendment• Students have the right to holidays like:• Transgender Day of Remembrance• Day of Silence• Harvey Milk Day

• You & students have the right to talk about LGBTQ issues at school, like in:• Class Assignments/Homework• T-shirts• Armbands• Buttons• Flyers

• You & Students have the right to be out

Freedom of Speech

• Limitations• A student may NOT:• Substantially disrupt class time or the

school environment• Incite others to break the law or school

rules• Say obscene things• Discussion of LGBT issues is not obscene

• Make false statements of fact (versus opinion) about another person (i.e. defamation)

Freedom of Expression

• First Amendment• Students have the right to take any date to

school dances• Same prices and no extra restrictions as

other couples• Students have the right to wear the clothes

that express their gender• No gendered dress codes• Must stay within school dress code

• Students have the right to see internet sites with pro-LGBT messaging that are age appropriate

Freedom of Assembly

• The Federal Equal Access Act• GSA has to have the same access

to resources, including putting up posters, public announcement system and meeting space if other clubs do• GSA shouldn’t be censored for

talking about LGBTQ issues

Source: Title 20, United States Code,  § 4071

Right to Privacy

• You & Students have the right to be private about sexual orientation and/or gender identity • Students have a right to privacy, which

includes the right to keep information about their sexual orientation private

• School officials may NOT tell a student’s parents without their consent, even if the student is “out” on campus, unless there is a compelling justification

• School officials may NOT use a student’s sexual orientation to manipulate students in any way

Right to Unbiased & Inclusive Curriculum

• Fair Accurate Inclusive Respectful Education (FAIR) Act (SB 48)• Students have the right to learn

about LGBT people in social science classes• Just the same way that you learn

about Martin Luther King Jr., you can learn about Harvey Milk in your history class!

Source: CA Ed Code 51204.5, 51500, 51501, 60040, & 60044

Right to Healthcare

• Students 12 years or older have the right to leave school to seek confidential medical services. Sensitive services can include but are not limited to:•HIV or Sexually transmitted infection (STI) testing•Mental health or counseling services •Drug or alcohol treatment/ counseling•Pregnancy Counseling

• The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (SB 71)• You have the right to learn about HIV prevention

education• You have the right to learn about sexual health

without bias against LGBT people

Source: CA Ed Code 48205, 46010.1 (plus a panoply of state laws and cases)

Right to Healthcare

• According to Ed Code students who leave for confidential medical appointments must do the following:• Check out with an adult on campus.• Bring a note of proof that they

attended said appointment.• Absence will be cleared if those two

things occur.

Right to Be Free From Discrimination & Harassment

• Students are protected on the basis of:• Sexual orientation• Gender, gender identity and gender expression• Actual or perceived membership of any of these

categories• Association with people in any of these categories

• The other protected categories are:

Source: CA Ed Code 200-220

Ethnicity Race National Origin Religion Color

Ancestry Mental or physical

disability Age Sex

Right to Be Free From Discrimination & Harassment

• CA law is designed to protect LGBTQ students and holds schools and school officials liable for failing to do so

• Students have the right to not be bullied• Students also have the right to file a

complaint• Schools may NOT ignore it• Schools may NOT say it should be expected• Schools may NOT say they didn’t know they had to

protect students

Source: CA Ed Code 200-220

Right to Be Free From Discrimination & Harassment

• You may NOT be harassed or discriminated against for: • Being LGBTQ• Being perceived as LGBTQ• For being friends with LGBTQ people• For having LGBTQ family members• For dressing in any particular gender

nonconforming clothing

Source: CA Ed Code 200-220

AB 1266

• AB 1266 was approved by Gov. Brown in August of 2013 and became law January 1, 2014.

• Amends section 221.5 of the Education Code pertaining to pupil rights.

• Students have the right to identify with their preferred gender as opposed to their biological gender.

AB 1266

• What does this look like?• In any activity segregated by sex/gender students can

chose to participate based on gender preference.• Students have the right to be referred by their preferred

gender pronouns as opposed to those attached to their biological gender.

• Students wanting to access accommodations afforded by AB 1266 will be counseled and case by case arrangements will be made.

• Transgender and gender non-conforming students have the right to be respected and to dress and act in ways that don’t conform to stereotypes. Transgender students also have to the right to be referred to by their pronoun of choice, and to wear clothes and access spaces such as locker rooms and restrooms that fit their gender identity

Color Me Equal

• The “Color Me Equal” campaign is being run through The Center OC.

• To be part of the campaign you take a pledge to not let anyone is your classroom/office/space be bullied.• You will sign 2 pledges, one for you and one for

GSA.• A copy is in your packet.

• You will receive a “Safe Zone” poster to hang up where you see fit.

• 29 Staff Members are already hosting “Safe Zones”!

Questions? Comments?

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