Now This IS Interesting

After reading yet another bit of drivel from Mr. "Cristan" Williams, in which he goes on about allegations of rapes in Oakland Schools, I got curious and did a bit of checking.  I had noticed that Mr. Williams mentioned an email from the Oakland California School District, and in that email it mentioned that they have attached a copy of their school policy, which it was stated was "largely similar" to the new state law.  Now, that struck me as rather curious.  Largely similar is not quite the same as the claims made by Mr. Williams and other activists about the nature of these school policies and how they relate to AB 1266.  So, I looked online, and I found the Oakland School District policy that covers transgender students. 

Yes, it could certainly be called "largely similar," or it could be called significantly different....

Here is what it says:

• Names/Pronouns
Students shall have the right to be addressed by a name and pronoun conesponding to their gender identity that is exclusively and consistently asserted at school.

• Official Records
The District shall change a student's official records to reflect a change in legal name or gender upon receipt of documentation that such legal name and/or gender have been changed pursuant to California legal requirements.

• Restroom Accessibility
Students shall have access to the restroom that conesponds to their gender identity exclusively and consistently at school.

• Locker Room Accessibility
Transgender stud ents shall not be forced to use the locker room corresponding to their gender assigned at birth.

• Sports and Gym Class
Transgender students shall not be denied the opportunity to participate in sports and gym

• Dress Codes
Students shall have the right to dress in accordance with their gender identity that is exclusively and consistently asserted at school, within the constraints of the dress codes adopted at their school site.

• Gender Segregation in Other Areas
As a general rule, in any other circumstances where students are separated by gender in school activities, students shall be permitted to participate in accordance with their gender identity exclusively and consistently asserted at school.

Notice anything that is clearly missing from the state law?  Like the words "exclusively and consistently asserted at school."  Notice that it does not say that students would be allowed to use locker rooms with members of the opposite sex?  This is a reasonable approach.

Now, what about San Francisco?  Long thought of as the home of the extremes of such policies...you would expect they would have a policy more in keeping with the desires of kooks like Mr. Williams and company....:  

Names/Pronouns
Students shall have the right to be addressed by a name and pronoun corresponding to their gender identity that is exclusively and consistently asserted at school. Students are not required to obtain a court ordered name and/or gender change or to change their official records as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity. This directive does not prohibit inadvertent slips or honest mistakes, but it does apply to an intentional and persistent refusal to respect a student’s gender identity. The requested name shall be included in the SIS system in addition to the student’s legal name, in order to inform teachers of the name and pronoun to use when addressing the student. 

Official Records
The District is required to maintain a mandatory permanent pupil record which includes the legal name of the pupil, as well as the pupil’s gender. 5 Cal. Code Reg. 432(b)(1)(A), (D). The District shall change a student’s official records to reflect a change in legal name or gender upon receipt of documentation that such legal name and/or gender have been changed pursuant to California legal requirements. 

Restroom Accessibility
Students shall have access to the restroom that corresponds to their gender identity exclusively and consistently asserted at school. Where available, a single stall bathroom may be used by any student who desires increased privacy, regardless of the underlying reason. The use of such a single stall bathroom shall be a matter of choice for a student, and no student shall be compelled to use such bathroom. 

Locker Room Accessibility
Transgender students shall not be forced to use the locker room corresponding to their gender assigned at birth. In locker rooms that involve undressing in front of others, transgender students who want to use the locker room corresponding to their gender identity exclusively and consistently asserted at school will be provided with the available accommodation that best meets the needs and privacy concerns of all students involved. Based on availability and appropriateness to address privacy concerns, such accommodations could include, but are not limited to: 

Use of a private area in the public area (i.e., a bathroom stall with a door, an area separated by a curtain, a PE instructor’s office in the locker room);A separate changing schedule (either utilizing the locker room before or after the other students); or 

Use of a nearby private area (i.e., a nearby restroom, a nurse’s office).
Sports and Gym Class 

Transgender students shall not be denied the opportunity to participate in physical education, nor shall they be forced to have physical education outside of the assigned class time. Generally, students should be permitted to participate in gender-segregated recreational gym class activities and sports in accordance with the student’s gender identity that is exclusively and consistently asserted at school. Participation in competitive athletic activities and contact sports will be resolved on a case by case basis. 

Dress Codes
School sites can enforce dress codes that are adopted pursuant to Education Code 35291. Students shall have the right to dress in accordance with their gender identity that is exclusively and consistently asserted at school, within the constraints of the dress codes adopted at their school site. This regulation does not limit a student’s right to dress in accordance with the Dress/Appearance standards articulated in the Student and Parent/Guardian Handbook, page 23. 

Gender Segregation in Other Areas
As a general rule, in any other circumstances where students are separated by gender in school activities (i.e., class discussions, field trips), students shall be permitted to participate in accordance with their gender identity exclusively and consistently asserted at school. Activities that may involve the need for accommodations to address student privacy concerns will be addressed on a case by case basis. In such circumstances, staff shall make a reasonable effort to provide an available accommodation that can address any such concerns.

Well, what do you know...San Francisco's policy is not only more detailed, it is actually quite well written.  It even makes provision for students who might object to using the bathroom with someone who is transgender, though it does this in somewhat subtle manner.  Notice the detailed policy concerning locker rooms.

Notice that phrase "the available accommodation that best meets the needs and privacy concerns of all students involved."  Now, keep in mind...the state law was pretty much written with the guidance of the Transgender Law Center.  This is a San Francisco based organization that undoubtedly is well aware of the San Francisco Unified School District transgender policy, which is above.  

They basically wrote a policy that avoids addressing real issues, the ones I have raised and been attacked by people for raising.  They wrote a policy that removes protections for students who are uncomfortable with the provisions of the new law.  They wrote a policy that would, in effect, actually prohibit protections for students who are not transgender, but who might be forced to share a locker room with those that are.  And, sadly, which also fails to provide real protections for students who are actually transsexual.

Oh, and in case someone wants to make some silly claim, notice that there are links to the San Francisco and Oakland policies above.  Unlike Mr. Williams, I back up what I say with actual facts, instead of spinning stuff in an attempt to make it say something it doesn't.

Again, while I have no doubt that the Pacific Justice Institute would still oppose the law if it was modified to include provisions like those above, such an improved law would far less likely to be overturned by the voters of California.  One that that is clear, though...Mr. Williams and company have lied when they claim the new state law matches school district policies.  It doesn't, and I suspect they know quite well that it doesn't.

And I bet you good money that Mr. Williams and company will have a fit if there is an attempt to modify the law to include the above provisions.