Rare Editorial In Support of the CA TG Students Rights Bill

[Carolyn Marie]

http://www.vvdailypress.com/articles/girl-42090-law-people.html

This is a breath of fresh air. Unfortunately, the paper represents only the High Desert communities of Victorville and Barstow, CA. But its still nice to see.

Carolyn Marie

[Guest LizMarie]

Want to know something funny, Carolyn?

Here in Texas, in the Houston and San Antonio school districts (and I think Austin and Dallas are the same but I can't swear to it), they have had almost the same rules for years that California adopted statewide and these particular school districts (some of the largest in the state) have not had any problems with them. Boys don't try to pretend to be girls just to use the girls locker room. That's a red herring. Boys don't go into the girl's restroom dressed as girls to assault the girls. Another red herring. In fact the kids are largely just getting along.

This became a source of amusement because San Antonio's city council is apparently rabldly anti-GLBT and didn't want to pass city wide protection ordinances to "protect the children". Yet when someone pointed out that San Antonio and Houston have already been doing exactly that in the school systems and that everyone's kids were already handling it just fine, the silence was deafening. Ooops! The scapegoat, made-up boogeyman of the radical right wing extremists evaporated again!

As one TG person I know said - exactly what part of these protection laws invalidates laws against indecent exposure, assault, and rape? The one single difference of which I am aware is that I believe all these school districts here in Texas require a letter from a qualified therapist stating the child is being treated for GID. And frankly, if the California law was amended to include that, I wouldn't have any problem with it, so long as therapists were made available for kids otherwise too poor to afford them.

[Carolyn Marie]

I feel exactly as you do, LizMarie. Thanks for your input.

HUGS

Carolyn Marie

[Guest Carla_Davis]

Thanks for posting this article Carolyn.

I feel that more States and school districts will adopt similar policies as they realize that it is not being abused.

As stated, it only applies to 0.3 of the student population.

Liz- Thanks for filling me in on Texas policies.

I am happy to see that transgender students are being treated with dignity in schools.

I often wonder how they would react to a Transgender Teacher in the schools.

Only time will tell and hopefully it will also be accepted without much resistance.

Hugs,

Carla

[VickySGV]

Liz & Carolyn -- California DOES have the doctor letter and eval requirement, its not just for TG, its for a large number of special consideration issues under the heading of Student Privacy which is a different code section and was referred to in the un-changed part of the code that AB1266 amended. The student will need to show a consistent presentation and have a plan of action on the special needs. This would also apply to students needed special medical consideration, or even students with special religious behaviors in regard to dress or facilities use. That part of the law was in place at the time of another tragic case a couple of years ago, but thats another topic.

[Guest LizMarie]

Thank you for the clarification, Vicky! I wonder how myths like no verification was required got started on this piece of legislation in the first place.

[Guest KimberlyF]

I've asked this before, but where exactly is this in the California Education Code?

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc&codebody=&hits=20

Once again, bill 1266-the entire approved text that is now law. The key of course being (f)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml;jsessionid=59a3dc4109b2bb5b0168265255fe

"(f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records."

[Guest Jenn348]

You can't take a law out of context and claim to have the whole picture.

A good non-trans example are the often misunderstood Stand Your Ground laws, which say you have no duty to retreat. Without looking at the rest of the legal codes in the various states that discuss use of force, somebody could easily wind up like this Texas man who got convicted after trying a very bogus SYG defense. http://usatoday30.usatoday.com/news/nation/story/2012-06-14/texas-stand-your-ground/55592380/1

As for the CA law, sure, just taking one quote and putting it up may look pretty bad, but taken with the rest of case law and other statutes, you get the whole picture. Vicky did that, other people refuse to, and often because they have some axe or other to grind.

[Guest KimberlyF]

You can't take a law out of context and claim to have the whole picture.

Which is why I provided a link to the entire California Education Code. I can not find the parts mentioned above. The link was the part that was added. When you see the new law, that (f) part is exactly what is put in red as changed from the previous version. That is the context. I have found mention specificlly of challenges to students in competitive sports in the education code and how to appeal a challenge to ones gender, but not in gym at the school. Competitive sports make money though. Don't know if that factors in? I could be jaded against the government though

I know there is some confusion as to why this gets called a 'bathroom bill' and people act as if that is the main part of the new law. Well, that is the part that would impact everyone. Even according to a TG staffer who's assemblyman was critical to the bill passing.

http://touch.latimes.com/#section/-1/article/p2p-77008230/

Common headline theme--->Transgender students now able to use preferred bathroom in school

Evan Minton, a transgender legislative staffer who works for Assemblyman Phil Ting (D-San Francisco), embraced Ammiano when told the governor had signed the bill, AB 1266.

"Oh, God hallelujah!" Minton said. As he transitions from female to male, Minton said, he is concerned that men might react negatively to his use of the men's restroom. The Assembly has a bathroom designated as gender-neutral, but it's inconveniently in the basement of the Capitol.

The concern over which bathroom to use, Minton said, is "universal to all transgender folk."

***

Evan, stay on task! Bathroom talk is a righwing tactic! It is not universal.

[VickySGV]

Kim - I am too tired to go researching a single code section and indeed it would be next to impossible to find, but I am a parent of three children who went through the California schools system from grade K to 12, and in the past week I have just been talking with co legal professionals in the field of California education law over the last few days. (Jet lag goes into the tired function.)

Sooo! Gender Dysphoria is recognized as a medical condition (whether psychological or physiological is up in the air), ALL medical conditions, both physiological and psychological that are brought to consideration in a school setting must be documented by a medical professional. The term in California law regarding "Student" is necessarily inclusive of "pupil and parents" if the pupil is under age 18. Over the years I have had to supply doctor's evaluations and return to activities permits so many times I have lost count. I had to be present with school personnel when my children returned to school after injuries and illnesses to discuss such things as make-up of assignments, and special projects in place of some regular activites. I have had to provide specific updates on progress in Family Counseling regarding two of my children's behavior problems in school. You name it, I have done it, and I was a single parent for most of that time.

In addition to my historic burdens with the California Schools system in regard to more run-of-the-mill medical issues, I am in touch with three families who are now facing the challenge of availing themselves of the AB 1266 provisions. From their point of view, the new law is an added burden, but the outcome for the children will be worth the effort, and that is what counts. The only change in the system is that Gender isssues cannot be dismissed from consideration by a school district as non-medical.

The child and parents must be in a place where the student's success and well being in school can ONLY be achieved if the pupil is enrolled in a gender other than what is on their birth certificate. This must be supported by medical evaluation, and the condition must be consistent and ongoing. Could a child who is CD only fall under that pattern? The problem has not come up yet, but would require medical evaluation as well. Medical evaluation I might add, is available through the school system who does employ psychologists and above. There is no frivolity involved in any of this, and people who think there can be are ignorant or deliberately ignoring facts they already know.

This matter does not revolve on one code section, but on the totality of present law, and legally dictated procedures that cover any medical condition from socialization issues to broken necks. We are not perfect here in California, but the number of teachers and school administrators I know here want students to succeed and be safe, and they feel they have legal support in all of that.