Here are some important laws and policies that apply to the California Community Colleges and impact this work.
This is not a comprehensive list and does not constitute legal advice.
AB 620 (2011)
Expanded the definition of “gender” in the Equity in Higher Education Act to include both “gender identity” and “gender expression” and requires non-discrimination laws and “requirements related to reporting hate violence” to include gender identity and expression.
Required each CCC to designate an employee as a point of contact to address the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students.
“Request [CCCs, CSUs, and UCs] to report aggregate demographic information collected by [CCCs, CSUs, and UCs] regarding sexual orientation and gender identity to the Legislature, as specified, and post the information on the Internet Web site of each respective institution.”
Encourage the Legislative Analyst to conduct an assessment of the campuses of [CCCs, CSUs, and UCs] to develop recommendations to improve the quality of life on those campuses for lesbian, gay, bisexual, and transgender faculty, staff, and students, and to publish a summary of those recommendations on its Internet Web site.
CA Ed Code Section 66271.2 (2011)
Required each CCC to establish an LGBTQ+ Campus Liaison and, at minimum, include their name and contact information on their college website and any print and web directories
AB 1732 (2016)
Required “all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified.” – this includes all restrooms with no more than 1 stall and 1 urinal, and that the user can lock independently
Required CCC districts to maintain a student equity plan that includes “campus-based research to the extent of student equity” by race and gender, and for current or former foster youth, students with disabilities, low-income students, and veterans
Required California Community Colleges to include “lesbian, gay, bisexual, or transgender students” and homeless students to their student equity plans as a condition to receive Student Success and Support Program funding
*Interestingly, “transgender” is included separate from “gender”
SB 179 – Gender Recognition Act (2017)
Removed the “clinically appropriate treatment” requirement to change one’s legal gender marker
Established “Non-Binary” as a gender option on California Drivers Licenses
SB 1343 (2018)
Mandated that Sexual Harassment Training include harassment based on gender identity, gender expression, and sexual orientation
Mandated 2 hours of training for supervisory employees and 1 hour of training for non-supervisory employees within 6 months of beginning their position and then again once every two years thereafter
US Department of Education’s Dear Colleague Letter on Transgender Students (2016)
Provided “significant guidance” that Title IX protections “on the basis of sex” includes transgender students in the following areas:
- Schools must provide a safe and nondiscriminatory environment
- Employees must treat students consistent with their gender identity, including using their chosen name and pronouns.
- Schools must allow transgender students to use restrooms, locker rooms, and campus housing that best align with their gender identity.
- Schools cannot use “overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex (i.e. the same gender identity) or others’ discomfort with transgender students” when determining requirements for sex-segregated athletic teams.
- Schools must keep confidential students’ transgender status; inappropriately disclosing this information unless needed through a “legitimate educational interest” could violate both FERPA and Title IX rights. Directories cannot include students’ sex or transgender status.
- Under both Title IX and FERPA, schools must consider students’ requests to amend their name and/or gender in their educational records in the same way they consider other record change requests.
US Department of Education’s Dear Colleague Letter (2017)
Rescinded the guidance provided in the 2016 Dear Colleague Letter on Transgender Students.
Title IX Implementation Guidance (2021)
US Department of Education confirmed that Title IX prohibits discrimination based on gender identity in all programs and activities at educational institutions that receive federal funding.
US Department of Education Title IX Final Regulations (2024)
Dictate that schools receiving federal funding must prohibit discrimination on the basis of sex, and that this includes gender identity, sex stereotypes, and sex characteristics
AB 245 (2021)
Required CCCs, CSUs, and UCs to update former students’ educational records and reissue documents including transcripts and diplomas (without charging a higher fee) with current legal name and gender with government-issued documentation showing a legal name and/or gender change. It also allows students – beginning with the 2023-2024 graduating class – to request a diploma with their chosen name.
AB 2315 (2022)
Required the CCCs to implement a process for current students and employees to change their name and/or gender in all records where legal names are not required by law, including but not limited to college-issued identification cards, email addresses, class rosters, transcripts, and diplomas. Colleges cannot charge fees higher than those already charged to correct, update, or reissue documents or records for any other purpose.
Required the CCCs to update former students’ records with proof of legal name and/or gender change
AB 132: Postsecondary Education Trailer Bill
Appropriated the $10 million to California Community Colleges to support LGBTQIA2+ students
State budget allocated an additional $10 million toward LGBTQIA2+ student services at the CCCs
Another $10 million allocated toward LGBTQIA2+ student services at the CCCs
CA State Legislature intends to allocate an additional $10 million toward LGBTQIA2+ student services in the 2025-2026 budget
TRANScend Toolkit 