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Referendum Challenging Transgender Student Rights Fails to Gather Needed Signatures

The California Secretary of State’s office announced on February 24, 2014 that the number of valid signatures required for the Referendum aimed at overturning Assembly Bill 1266 to be placed on the November ballot was not attained. AB 1266 amends Ed Code Section 221.5 to extend existing protections and rights for students based upon gender identity.

AB 1266 has been in effect since January 1. If the referendum had made the November ballot, enforcement of AB 1266 would have been put on hold until after the election. As the referendum supporters failed to obtain the required number of valid signatures, AB 1266 remains in effect. All school districts should continue their efforts and policy shifts to comply with the new provisions, including allowing students to access facilities and participate in sex-segregated school programs and activities consistent with their gender identity. Such access and participation is required regardless of the gender listed in the student’s records.

To view the Secretary of State’s memorandum, click here

For information contact Mary Hernández or Leah Smith at 510-695-2802.