Legal Updates – Transgender and Safe Haven
Due to recent changes to various Federal policies, the Legal Services Department provides guidance as set forth below:
Transgender Student Bathroom Access:
The Administration has withdrawn the Office of Civil Right’s guidance that schools nation-wide must allow Transgender Students to use the bathroom of their choosing. However, there remains a case pending before the Supreme Court concerning whether Title IX requires such. Regardless of any Federal changes, California Education Code Section 221.5 contains the right that students may not be required to use the bathroom or locker room of their gender as assigned at birth. Hence, the recent developments have not changed California law nor SCUSD policy on these matters that allow for students to use the facilities consistent with their gender identity.
Safe Haven and Immigration:
Amidst the Federal Government’s increased immigration enforcement, it has nevertheless confirmed the Immigration and Customs Enforcement (ICE) Policy regarding Enforcement at Sensitive Locations. The Sensitive Locations policy provides that enforcement actions should not occur at sensitive sites, including schools. Recent Federal guidance has also confirmed the continuation of the DACA program. Please contact Legal Services and Safe Schools in the unlikely event that immigration officials seek to question individuals at your school site or seek to obtain student records.
Given the above developments relating to immigration enforcement, as well as the 7 nation travel ban (currently enjoined by courts), it is also important to note that District policy and existing law prohibits the District from inquiring into a student’s or family’s immigration status as a condition of enrollment.
Should you have any questions relating to the above, or to any other legal developments, please feel free to contact Legal Services.