AB 537 Case Study

Background: The California Student Safety and Violence Prevention Act of 2000, otherwise known as AB 537, was introduced in California by assembly members Kuehl, Aroner, Hertzberg, Migden, and Villaraigosa, in 1999. This act is to amend the Education code in relation to discrimination. Essentially, the law prohibits discrimination, harassment, and violence against students and all persons in public and postsecondary schools, both in and outside the classroom, based on sexual orientation or gender non-conformity (Sexual Orientation, Our Children & The Law, 2). Rationale: Previously, in California’s Education Code, it only specifically prohibits discrimination based on “sex, ethnic group identification, race, national origin, religion, color, or mental or physical disability” (Cal. Edu. Code §200). The code did not mention sexual orientation or gender non-conformity; the purpose of this act is to include those two and create protection for any students in public school who may fall into the two categories. AB537 also include an expansive definition of gender to include not only biological sex, but also students who appearances or behavior is different than that traditionally associated with their assigned sex. Additionally,

Schools need to includes sexual orientation and gender identity into the existing policies and inform employees and students about it. The state will reimburse if the implementation for statewide cost does not exceed $1,000,000. The values of teaching students to not discriminate against anyone is a “discussion about respect for differences” and that this discussion concern “equity and civil rights”; this lesson will be with students throughout their life (Sexual Orientation, Our Children & The Law, 9). The fact that this bill provides safety for sexual minority students and helps reduce violence that can lead to suicide outweighs the