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Los Angeles Unified School District Educational Equity Compliance Office LGBT Training Legal & Compliance Stephen Jimenez, Project 10 Specialist.

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Presentation on theme: "Los Angeles Unified School District Educational Equity Compliance Office LGBT Training Legal & Compliance Stephen Jimenez, Project 10 Specialist."— Presentation transcript:

1 Los Angeles Unified School District Educational Equity Compliance Office LGBT Training Legal & Compliance Stephen Jimenez, Project 10 Specialist

2 Law & Policy Protected Classes Sex Sex Color Color Race Race Ethnicity Ethnicity National Origin National Origin Mental/Physical Disability Mental/Physical Disability Religion Religion Actual or Perceived Sexual Orientation Actual or Perceived Sexual Orientation Actual or Perceived Gender Identity/Expression Actual or Perceived Gender Identity/Expression

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10 Law & Policy California Student Safety and Violence Prevention Act of 2000 AB 537 This law makes it illegal for public schools to: Discriminate against students and employees on the basis of real or perceived sexual orientation or gender identity. Discriminate against students and employees on the basis of real or perceived sexual orientation or gender identity. Allow the school environment to become so hostile for students who are, or perceived to be, lesbian, gay, bisexual, transgender (LGBT), where they are in effect denied equal access to an education. Allow the school environment to become so hostile for students who are, or perceived to be, lesbian, gay, bisexual, transgender (LGBT), where they are in effect denied equal access to an education. Ed Code § 200 – State Policy Purpose: equal rights and opportunities based on protected class status which includes gender and sexual orientation. Ed Code § 201 – Legislative Declarations: equal rights for educational participation, affirmative obligation to sexism and other bias, hostile free learning environment, prevention and intervention, and teaching and promoting tolerance and sensitivity.

11 Law & Policy Preventive Strategies to Respond to Anti-LGBT Harassment Discussions on respect for all students – include all protected classes Discussions on respect for all students – include all protected classes District Position on LGBT – Acceptance. Sexual orientation is not a issue. District Position on LGBT – Acceptance. Sexual orientation is not a issue. Educating students on sexual orientation – i.e. gay, lesbian, straight, bisexual Educating students on sexual orientation – i.e. gay, lesbian, straight, bisexual School employees demonstrating their comfort to discuss LGBT themes. School employees demonstrating their comfort to discuss LGBT themes. Integrating LGBT themes in the curriculum. Integrating LGBT themes in the curriculum. School employees making affirming comments about people who are LGBT. School employees making affirming comments about people who 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 LGBT Discussions on news worth items regarding LGBT

12 Law & Policy Implications of AB 537 Students Rights to express sexual orientation and gender identity Rights to express sexual orientation and gender identity Rights to discuss LGBT issues in or outside the classroom Rights to discuss LGBT issues in or outside the classroom Rights to attend a hostile free school environment Rights to attend a hostile free school environmentEducators Rights to express sexual orientation and gender identity Rights to express sexual orientation and gender identity Rights to discuss LGBT issues in or outside the classroom Rights to discuss LGBT issues in or outside the classroom Rights to work in a hostile free environment Rights 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 or discriminated against. Rights to advocate on behalf of students who are bullied, harassed or discriminated against.

13 Comments, Questions & Answers We dont need Gay Straight Alliance (GSA) clubs – gay people are accepted. We dont need Gay Straight Alliance (GSA) clubs – gay people are accepted. LGBT youth, actual or perceived, are targeted far more than other protected classes. Participation in a GSA potentially targets students. Dont lump gay people in with other civil rights movements; its a lifestyle. Dont lump gay people in with other civil rights movements; its a lifestyle. The state of California has defined sexual orientation as a protected class therefore 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 characteristic; meaning that it doesnt change. Cant we just put them somewhere else? Cant we just put them somewhere else? 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. Can I affirm gay people? Can I affirm gay people? Absolutely, and its encouraged that we affirm ALL protected classes. As a district employee, its my 1 st Amendment right to say anything negative about gay people. As a district employee, its my 1 st Amendment right to say anything negative about gay people. False. As district employees, we protect all students. When students say, Thats so gay, they arent targeting gay people. Gay to young people means something lame or stupid. When students say, Thats so gay, they arent targeting gay people. Gay to young people means something lame or stupid. Gay is defined as ones 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 and students are violating the rights of others by using gay as demeaning or something negative.

14 Gay 101: Definition of Terms Closeted – concealing ones sexual orientation. Closeted – concealing ones sexual orientation. Down Low – a term that primarily describes men who self-label as heterosexual yet have same sex relationships. Down Low – a term that primarily describes men who self-label as heterosexual yet have same sex relationships. Gay – used generically to refer to men and women who are attracted to persons of the same sex. Homosexual is ones sexual orientation and is considered a clinical term; not the appropriate label to use with gay persons. Gay – used generically to refer to men and women who are attracted to persons of the same sex. Homosexual is ones sexual orientation and is considered a clinical term; not the appropriate label to use with gay persons. Homophobia – a bias against anything or anyone who falls outside the heterosexual paradigm. As with any other prejudice, homophobia exists on a continuum. Homophobia – a bias against anything or anyone who falls outside the heterosexual paradigm. As with any other prejudice, homophobia exists on a continuum. Internalized Homophobia – self-loathing or the acceptance of anti-gay sentiments by a gay person about him/herself. Internalized Homophobia – self-loathing or the acceptance of anti-gay sentiments by a gay person about him/herself. Intersex – a person who is born with partial sex organs, and many of the secondary sex characteristics of both male and female. Hermaphrodite is the term no longer used and considered offensive. Intersex – a person who is born with partial sex organs, and many of the secondary sex characteristics of both male and female. Hermaphrodite is the term no longer used and considered offensive. Pink Triangle – 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 – 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. Queer – a generic term, commonly used by LGBT youth, to mean not straight. Queer – a generic term, commonly used by LGBT youth, to mean not straight. Rainbow Flag – designed in 1978 as a symbol of LGBT pride. Each color represents a concept. Rainbow Flag – designed in 1978 as a symbol of LGBT pride. Each color represents a concept. Sexual Orientation – describes the dimensions of ones sexual attractions which includes homosexual, heterosexual and bisexual. Terms no longer used: sexual preference, gay lifestyle Sexual Orientation – describes the dimensions of ones sexual attractions which includes homosexual, heterosexual and bisexual. Terms no longer used: sexual preference, gay lifestyle Transgender – an umbrella term used to describe a person whose physical appearance and gender expression as gender non-conforming regarding their biological sex. Transsexual is the description used within the Transgender community to describe someone who has undergone sexual re-assignment surgery. Transgender – an umbrella term used to describe a person whose physical appearance and gender expression as gender non-conforming regarding their biological sex. Transsexual is the description used within the Transgender community to describe someone who has undergone sexual re-assignment surgery. Cross Dresser – a person, usually a heterosexual man, who dresses in womens attire for relaxation or entertainment. Transvestite is the term no longer used and is considered offensive. Cross Dresser – a person, usually a heterosexual man, who dresses in womens attire for relaxation or entertainment. Transvestite is the term no longer used and is considered offensive.

15 Law & Policy Gender Identity/Expression Gender Expression: How one expresses masculine or feminine behavior through gestures, movement, and attire. Gender Expression: How one expresses masculine or feminine behavior through gestures, movement, and attire. Gender Identity: Ones understanding or feeling of being male or female regardless of ones biological sex. Gender Identity: Ones understanding or feeling of being male or female regardless of ones biological sex. Ed Code – Gender means sex, and includes a persons gender identity and gender related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.

16 Law & Policy Transgender Accommodations Names and Pronouns – Students have the right to be addressed by the pronoun and name of their choice. A students legal name cannot be changed on official documents and on the schools 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 students gender identity and are separated by sex. *Locker Rooms – Generally, locker rooms are not based on a students 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.

17 Law & Policy California Constitution Privacy Rights for Students District personnel do not have the right to disclose a students sexual orientation to others, including parents. District personnel do not have the right to disclose a students sexual orientation to others, including parents. District personnel do not have the right to engage others and parents in a discussion abut a students gender identity and expression or make attempts to change it. District personnel do not have the right to engage others and parents in a discussion abut a students gender identity and expression or make attempts to change it. A students sexual orientation, gender identity and expression may be disclosed to employees with a need to know (principal, primary teacher (s), nurse, psychologist. A students sexual orientation, gender identity and expression may be disclosed to employees with a need to know (principal, primary teacher (s), nurse, psychologist.

18 Law & Policy Federal 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 activities *Co-Ed and integrated classrooms and activities All academic courses, electives, activities and clubs are open to both sexes All academic courses, electives, activities and clubs are open to both sexes *P.E. Classes – integrated instruction *P.E. Classes – integrated instruction *Sports – equal opportunity to participate for both sexes; equal and comparable facilities and funding *Sports – equal opportunity to participate for both sexes; equal and comparable facilities and funding Best Practices: gender neutral language; encouraging young women to participate in extra- curricular activities, sports and promoting higher learning in male dominated fields.

19 Law & Policy Federal Law - 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.

20 Law & Policy Freedom of Speech and Expression: Students Rights Ed Code ( Publications, Essays) Obscene, libelous or slanderous expression, distribution or postings. Obscene, libelous or slanderous expression, distribution or postings. Incite students to create unlawful acts on school premises or the violation of school rules. Incite students to create unlawful acts on school premises or the violation of school rules. Substantial disruption of the orderly operation of the school. Substantial disruption of the orderly operation of the school.

21 Law & Policy Freedom of Speech and Expression: Students Rights Federal Law – Tinker v. Des Moines (1969) Federal Law – Tinker v. Des Moines (1969) Substantial disruption to the orderly conduct of the school. Substantial disruption to the orderly conduct of the school. Harmful speech that violates the rights of others; the use of fighting words and epithets. Harmful speech that violates the rights of others; the use of fighting words and epithets. T-shirts T-shirts Buttons Buttons Political Speech Political Speech Religious Speech Religious Speech Protected Classes Protected Classes Limited Open Forums Limited Open Forums

22 Law & Policy 1 st Amendment and Religion Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The Establishment Clause The Establishment Clause The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. Quoting Thomas Jefferson, the U.S. Supreme Court has stated that the Establishment Clause was intended to accomplish this end by erecting a wall of separation between church and state. Quoting Thomas Jefferson, the U.S. Supreme Court has stated that the Establishment Clause was intended to accomplish this end by erecting a wall of separation between church and state.

23 Law & Policy Religion and the Law The Umbrella of Religion Judaism Christianity Mohammedanism Hinduism Buddhism Agnosticism Paganism Atheism Satanism All other forms of spirituality

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26 Law & Policy Complaint Officers Title IX Complaint Officer – assistant principal, counselor or dean Title IX Complaint Officer – assistant principal, counselor or dean Principal Principal Director Director LAUSD Central Office – Educational Equity Compliance Office LAUSD Central Office – Educational Equity Compliance Office School Board School Board Formal Complaints Uniform Complaint Procedures Uniform Complaint Procedures


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