CA AB 1266

California Assembly Bill 1266

(AB-1266 Pupil rights: sex-segregated school programs and activities)

The New Haven Unified School District believes all pupils and staff have the right to participate fully in the educational process, free from discrimination, harassment, intimidation, and bullying. Each school in the district has an affirmative obligation to combat all forms of bias and a responsibility to provide an equal educational opportunity for all.  

On August 12, 2013, Governor Brown signed into law California Assembly Bill 1266.  This piece of legislation allows students to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with the student’s gender identity, irrespective of the gender listed on the pupil’s records.  In short, students shall have access to the locker room and restroom facilities that corresponds to their gender identity asserted at school.  This piece of legislation is effective January 1, 2014.

Restroom Accessibility:
Where available, a “gender neutral” restroom may be used by any student who desires increased privacy, regardless of the underlying reason. The use of such a “gender neutral” restroom shall be a matter of choice for a student and no student shall be compelled to use such restroom.
If the student feels that there is a reason or desire for increased privacy and safety, regardless of the underlying purpose or cause, the administrator is to provide the student with access to a reasonable alternative restroom such as a single stall “gender neutral” restroom or the health office restroom.

Locker Room Accessibility:
Schools may provide a student access to a locker room facility that corresponds to the gender identity that the student asserts at school considering the available accommodation and the needs and privacy concerns of all students involved.
If there is a reason or request for increased privacy and safety, regardless of the underlying reason, any student may be provided access to a reasonable alternative locker room such as:

  1. Use of a private area in the public area of the locker room facility (i.e., a nearby restroom stall with a door, an area separated by a curtain, or a P.E. instructor’s office in the locker room).
  2. A separate changing schedule (either utilizing the locker room before or after the other students).
  3. Use of a nearby private area (i.e., a nearby restroom or a health office restroom).

If you believe this policy may apply to your student, please encourage your student to identify and confide in a trusted adult on campus who can advocate and support him or her in developing a plan that meets your student’s needs.