Title IX of the Education Amendments of 1972 bans discrimination on the basis of sex by public schools, and the Supreme Court held in 2020 (Bostock v. Clayton County) that discrimination on the basis of sexual orientation and gender identity is sex discrimination. Thus, Title IX prohibits students from discrimination on the basis of sexual orientation or gender identity. Federal courts have held that Title IX requires public schools to respond to harassment based on appearance or behavior that doesn’t conform to gender stereotypes: boys who wear makeup, girls who wear pants, or students who are transgender or non-binary. The First Amendment right to free expression can also apply to school dress codes, especially when there are different rules for boys than there are for girls. Your constitutional right to privacy makes it illegal for your school to “out” you to anyone without your permission, even if you’re out to other people at school. The First Amendment protects your right to express yourself in public schools. That includes bringing a same-sex date to prom or any school event and talking about LGBTQ topics. Your right to be yourself in school includes the right to be transgender or non-binary, and to transition at school. While the law in this area is evolving, a growing number of courts have found that Title IX and the Constitution protect transgender students’ right to access sex-separated programs and facilities consistent with their gender identity. Some state and local laws also explicitly protect transgender students from discrimination in schools. Please click here to be directed to the US Department of Education's overview of the law. 

The SAFETY Act prohibits and invalidates any adopted school board policy, rule, or administrative regulation that requires forced outings. The SAFETY Act does not limit students’ and parents’ ability to discuss gender identities within their own families in the manner that they choose. The Act states that a school employee shall not be required to disclose any information related to a pupil’s LGBTQ+ identity to any other person without the pupil’s consent unless otherwise required by state or federal law. The Act does not limit a parent’s ability to request school records. Please click here to learn more about the Safety ACT AB 1955 from the California Department of Education.