Here is a short overview of the most critical legal protections guaranteed to LGBTQ+ students at OUSD on a federal, state, and district level.
If you feel these have not been followed you should take steps to protect your rights; this includes talking to specific people at school and taking notes to help document any incident(s).
Federal Statutes
Title IX (“Title Nine”): Sex Discrimination In Education
This is the big one, protecting people from discrimination based on sex in education programs or activities that receive federal financial assistance (such as public schools like ours).
OUSD has its own Title IX web page which includes detailed information and links (including complaint forms). They also note that “…in addition to this federal law, the California Education code similarly prohibits schools from discriminating against its students on the basis of sex (Education Codes 220-221.1).”
For a breakdown of how Title IX impacts school sites, see this guide created by the gender justice organization Equal Rights Advocates.
OUSD Policies
The following policies have been passed by the Oakland Unified School District. OUSD has a web page dedicated to its non-discrimination policies.
- BP 5171: Sexual Orientation
This outlines OUSD’s commitment to student safety, “including needs related to actual or perceived sexual orientation and gender identity”, and specifically acknowledges its “professional duty and obligation to understand the unique differences” of those students while addressing their “educational, emotional and social needs”. OUSD has a non-discrimination policies web page which includes additional language translations of BP 5145.3. - BP 5145.3: Nondiscrimination/Harassment/Intimidation
Requires staff to protect student rights, including their use of school facilities such as bathrooms and changing areas, and stating that OUSD “shall ensure equal opportunities for all students in admission and access to academic courses, guidance and counseling programs, athletic programs, testing procedures, vocational education and other activities.” - BP 6145: Instruction, Extracurricular and Co-curricular Activities
All students are guaranteed access to extracurricular and co-curricular activities, and OUSD schools are prohibited from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression. It specifies that “requirements for participation in extracurricular and co-curricular activities shall be limited to those that are essential to the success of the activity.” This policy includes all P.E. and athletics programs. - AR 5137: Positive School Climate
Requires each school to “form and maintain a Positive School Climate Committee” to “develop and implement a comprehensive approach to school discipline that focuses on equity and the creation of positive learning environments for all students”. - AR 5145.3: Transgender Students
This resolution was passed to “ensure the safety, comfort, and healthy development of the transgender or gender nonconforming student”. It states OUSD’s commitment to “providing a safe, supportive, and inclusive learning environment for all students, including transgender students” and to ensure “that every student has equal educational opportunities and equal access to the District’s educational programs and activities”. It also “sets out guidelines for supporting the needs and rights of transgender and gender nonconforming students.”
In 2022, the OUSD School Board named September as OUSD Pride Month – every school site can get a free “Progress” Pride flag” from the district office.
State Laws
California laws that directly impact LGBTQ+ students:
- Student Safety & Violence Prevention Act (AB 537)
This law “prohibits discrimination and harassment on the basis of sexual orientation or gender identity in California public schools” and proclaims that “all students of public schools have the inalienable right to attend campuses that are safe, secure, and peaceful”.
Fact sheet (PDF) available from GSA Network - Seth’s law (AB 9)
Seth’s Law “strengthens existing state anti-bullying laws to help protect all California public school students. (It) requires public schools in California to update their anti-bullying policies and programs, and it focuses on protecting students who are bullied based on their actual or perceived sexual orientation and gender identity/gender expression, as well as race, ethnicity, nationality, gender, disability, and religion.” – from a FAQ sheet by The ACLU of Southern California
Additional FAQ Sheet (PDF) from Yo! (Youth Organizing! Disabled and Proud!) - FAIR Education Act: Amendment (AB 493)
The California Education Code mandates that California Schools include “Fair, Accurate, Inclusive and Respectful” (FAIR) representations of our diverse cultural and ethnic population in history and social studies curriculum. AB 493 amended this mandate to ensure inclusion of contributions by people with disabilities and members of the LGBTQ community.
Further information is available from Teaching LGBTQ History and Equality California. - School Success & Opportunity Act (AB 1266)
Prohibits public schools from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression.
It specifically “requires that a pupil be permitted to participate in sex-segregated school programs, activities, including athletic teams and competitions, and use facilities consistent with (their) gender identity, irrespective of the gender listed on the pupil’s records.” –Wikipedia
Detailed FAQ available from the California Department of Education
If you’re curious, you can also do a keyword search (eg: “gender” or “nondiscrimination”) on the Oakland Municipal Codes page to see what protections are included in Oakland’s city’s legislation!
Last Updated on: August 27, 2024