Transcript The Rights of LGBT Students - Fullerton Union High School

Rights for LGBT, Allied
and ALL Students
Presented by FUHS GSA
• 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 ([email protected]) after the
presentation via email.
Legal Disclaimer
• 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:
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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 Speech
• 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 proLGBT messaging that are age appropriate
Freedom of Expression
• 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
Freedom of Assembly
Source: Title 20, United States Code, § 4071
• 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 Privacy
• 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!
Right to Unbiased & Inclusive
Curriculum
Source: CA Ed Code 51204.5, 51500, 51501, 60040, & 60044
• 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
Right to Healthcare
Source: CA Ed Code 48205, 46010.1 (plus a panoply of state laws and cases)
• 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 Healthcare
• Students are protected on the basis of:
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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:
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Ethnicity
Race
National Origin
Religion
Color
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Ancestry
Mental or physical disability
Age
Sex
Right to Be Free From
Discrimination & Harassment
Source: CA Ed Code 200-220
• 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
Right to Be Free From
Discrimination & Harassment
Source: CA Ed Code 200-220
• You may NOT be harassed or discriminated
against for:
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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
Right to Be Free From
Discrimination & Harassment
Source: CA Ed Code 200-220
• 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
AB 1266
• 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”!
Color Me Equal
Questions? Comments?