Assembly Bill 1266, signed into law by Gov. Jerry Brown in September, took effect January 1, allowing transgender students to fully participate in activities, facilities, and programs based on their gender identity. An opposition group, Privacy For All Students (PFAS), collected signatures during the fall to put the matter before voters as a referendum on the 2014 ballot as an attempt to overturn the measure. According to a representative sample of the signatures collected across the state, PFAS came up 22,178 short of the 504,760 qualified signatures needed for the referendum to be placed on the November 4 ballot. However, a sample count between 95 and 110 percent of the target number triggers an automatic full count of all submitted signatures, under state law. Currently, counties are conducting the raw count, and county registrars of voters have until February 24 to complete their full check of all submitted signatures.
Here’s looking at AB1266: past, present and future.
Introduced in February 2013 by Assemblymember Tom Ammiano (CA-17) and co-authored by Senators Mark Leno (CA-3) and Ricardo Lara (CA-33), the School Success and Opportunity Act (AB 1266) makes clear the obligation of California schools to allow transgender students to participate in all school activities, programs, and facilities. It is designed to spell out the requirements of existing federal and state law in California statute so school administrators, educators, parents, and students understand their obligations and rights. Those requirements are that all students in California be allowed to participate fully in school so they can thrive and achieve academic success. It restates existing state law prohibiting discrimination against transgender students in public education and permitting students to participate in sex-segregated facilities and activities based on their gender identity.
While existing California law already broadly prohibits discrimination against transgender students, AB1266 makes sure that schools understand their responsibility for the success and well-being of all students and that parents and students understand their rights.
GLSEN and several coalition partners of AB1266 including Equality California, Transgender Law Center, Gay-Straight Alliance Network, National Center for Lesbian Rights, ACLU of California, and Gender Spectrum have been working over the past year to advocate and support for the passage of this legislation. GLSEN and its California chapters produced several action alerts and supported oral testimony from Eli Erlick, one of GLSEN’s Student Ambassadors. Thanks in part to these efforts, the bill passed through the Education Committee 5-2, the California Senate with a 21-9 vote and the State Assembly with a 46-25 vote. Once it moved to Governor Jerry Brown’s desk for consideration, coalition partners geared for a similar campaign to ensure he supported and signed the bill. On August 12, 2013, Gov. Brown signed the bill.
Opposition and Referendum
Unfortunately, the legislative process wasn’t over once the bill became law. After AB1266 became law, opponents, including an anti-LGBT coalition called Privacy for All Students, filed for a veto referendum to overturn the law. A referendum refers to a group that opposes the new law and is able to collect enough signatures within the statutory time frame to place that new law on a ballot for the voters to either ratify or reject. The minimum number required for a California referendum is 504,760 valid signatures of registered voters. The opposition submitted 619,244 unverified signatures by the November 8 deadline.
On January 8, California completed a review of a random sample of the signatures. The state does the scientific sampling so as not to expend unnecessary resources verifying every signature if it’s not necessary. The sampling led to a projection of 482,550 valid signatures. While the total does not reach the needed threshold to qualify, it is within the range that the state considers necessary to trigger a full recount.
The full count must be finished by election officials no later than February 24.
GLSEN and its California chapters will continue to work with state partners to ensure that all students in California have equal access to education opportunities, and that districts and school leaders protect the safety of all students. We will continue to engage our constituents, schools and districts to ensure that students and educators have the support needed to ensure that all California students are able to attend school without discrimination or harassment.