Policies and Supports for Transgender and Gender-Creative Students in California: A Unique Legislative Context

• In Event: 29.072 - Policies and Practices Affirming Transgender and Gender-Creative Students: Cases From Australia, Canada, and the United States

Abstract

1. Objectives or purposes
This paper examines the unique legislative context in California and its impacts on transgender-inclusive policies and supports in schools. Since 2010, California passed three laws that address the safety and inclusion of transgender students. Seth’s Law (SB 48) requires schools to strengthen their anti-bullying policies; the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (AB 9) requires the inclusion of the history and contributions of lesbian, gay, bisexual, and transgender (LGBT) people in the curriculum. The School Success and Opportunity Act (AB 1266), clarifies the existing state law regarding protections for transgender students in K-12 public schools. As the only state in the U.S. with these types of proactive laws, California provides a valuable case for this study.
2. Perspective(s) or theoretical framework
The study is grounded in theoretical frameworks framed by transgender studies scholars (Namaste, 2000, Noble, 2004, Rubin, 2003, Stryker, 2006). Drawing from these scholars, we place the interpretive insights of trans-embodied people at the center of generating trans-informed knowledge and accounts of policy and practice in education contexts.
3. & 4. Methods and data sources
This research employs critical policy analysis and a qualitative, collaborative research methodology (Bergold & Thomas, 2012; Dodson Piatelli, & Schmalzbauer, 2007, Patton, 2015). We seek to build knowledge about trans-inclusive schooling by examining policies and supports. The researchers identified the ten largest districts (10,000+ students) in the Bay Area and relevant policies for analysis. These policies were reviewed to identify the enumerated categories of protection and their alignment with Seth’s Law. Additionally, a series of interviews were conducted with six key informants. Interviews were audio recorded, transcribed and analyzed for themes related to how policies impacted trans-affirming practices in schools and the surrounding communities.

5. Results
The policy analysis revealed that the majority of the districts (8/10) included gender identity and expression in their non-discrimination polices. The bullying policies indicated that all ten districts had made updates to their policies since Seth’s Law came into effect, however several of them were missing required elements. The interviews revealed that San Francisco Unified School District has a long history of leadership in supporting students of diverse gender and sexual identities. Additionally, the presence of several national advocacy organizations in the Bay Area created a unique web of supports for transgender students and their families. Data provided by key informants indicate that there are a diverse array of professionals and organizations working to assist schools and families advocating for transgender students.
6. Scientific or Scholarly significance of the study
There is an emerging body of work beginning to study the experiences and issues faced by transgender and gender-creative students in schools (Ehrensaft, 2014; Martino & Cumming-Potvin, 2014; Meyer & Pullen Sansfacon, 2014; Slesaransky-Poe, Ruzzi, Dimedia, & Stanley, 2013). However, there is no current literature that documents successful policies and practices. The examination of the factors present in this unique context can provide other communities guidance on how to ensure transgender students have access to school environments where they can thrive.

Authors

• Elizabeth J. Meyer, University of Colorado - Boulder

• Harper Keenan, Stanford University