Just the Facts on SB 777
· There is legal protection for students without SB 777
· SB 777 changes the law on instruction and activities
· Protection for homosexual, bisexual, and transgender students has been law since 2000.
o The Student Safety and Violence Prevention Act of 2000 (AB 537) protects "all persons in public schools." It prohibits discrimination based on actual and perceived sexual orientation.
o It explicitly extends protection from the California Penal Code to schools. The Penal Code protects all people in the enjoyment of their rights, as secured in the federal Constitution, United States law, the state Constitution, and state laws.
o AB 394, passed in 2007, requires the State Department of Education to "monitor adherence" to AB 537. This may include state monitoring of student attitudes on sexual orientations.
o Bottom line: AB 537 establishes equal protection for every California public school student, which makes SB 777 unnecessary.
· SB 777 does not streamline existing California Educational Code. It adds to the law.
o AB 537 purposely excluded school instruction and activities from non-discrimination law.
o It reads: "Nothing in [AB 537] requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity ---"
o SB 777 purposely adds new mandates for school instruction and activities.
o It reads: "No teacher shall give instruction nor shall a school district sponsor any activity that promotes a discriminatory bias" against homosexuality, bisexuality, or transsexuality.
o Bottom line: SB 777 adds school instruction and activities to the things that cannot promote "bias," which elevates homosexuality, bisexuality, and transsexuality in public schools.
· SB 777 is a mandate for every school district, ending local control on sensitive issues.
o Under the equal protection of AB 537, each school district has discretion over how it addresses the sensitive issues of homosexuality, bisexuality, and transsexuality.
o SB 777 takes away parental and local control and discretion over how to address these issues.
o SB 777 specifically includes charter schools in these new mandates.
o Bottom line: SB 777 normalizes homosexuality, bisexuality, and transsexuality across the state, without room for local discretion on addressing these issues.
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