Every student deserves to feel safe, respected, and supported at school. California and federal laws protect students from discrimination, harassment, intimidation, and bullying. Students also have important rights related to equal access, privacy, mental health, school activities, and inclusive education. Below are some of the key protections for California students.
Freedom from Discrimination & Harassment
- California Education Code §§ 200 & 220
California public schools must provide students with equal rights and opportunities. Schools may not discriminate against students based on protected characteristics, including race, ethnicity, nationality, religion, disability, sex, gender, gender identity, gender expression, sexual orientation, and other characteristics protected by law.
- AB 537 – California Student Safety and Violence Prevention Act
Strengthened protections against discrimination and harassment in California public schools, including protections based on sexual orientation and gender.
- AB 887 – Gender Nondiscrimination Act
Clarified California law to explicitly recognize gender identity and gender expression within the state's nondiscrimination protections.
Protection from Bullying
- AB 9 – Seth's Law Requires California schools to have policies and procedures for preventing and responding to discrimination, harassment, intimidation, and bullying. Schools must have a process for reporting and investigating complaints.
- San Diego Unified's anti-bullying policy also prohibits bullying, harassment, and intimidation.
- AB 772 – Cyberbullying California law now includes additional protections addressing certain forms of cyberbullying that occur off campus but substantially interfere with a student's educational environment.
LGBTQIA+ Student Rights
- AB 1266 – School Success and Opportunity Act
California law provides that students may participate in sex-segregated school programs and activities and use facilities consistent with their gender identity, regardless of the gender listed in their school records.
- AB 1955 – SAFETY Act
The SAFETY Act includes protections related to LGBTQIA+ students, school policies, and school employees. Portions of the law involving parental notification and student gender identity are currently the subject of ongoing federal litigation.
- Because the legal landscape is changing, students and staff should follow current San Diego Unified guidance regarding names, pronouns, gender identity, confidentiality, and parent/guardian notification.
Inclusive Education
- FAIR Education Act – SB 48
California's history and social science curriculum includes the contributions of historically underrepresented groups, including lesbian, gay, bisexual, and transgender people and people with disabilities.
- California Healthy Youth Act – AB 329
California requires comprehensive sexual health and HIV prevention education in middle and high school. Instruction must be medically accurate, age appropriate, and inclusive of LGBTQIA+ people and relationships.
Parents and guardians have the right to excuse their student from comprehensive sexual health and HIV prevention education as provided by California law.
Lessons or discussions that address topics such as gender, gender identity, gender expression, sexual orientation, discrimination, bullying, relationships, or families are not automatically comprehensive sexual health education.
LGBTQIA+ History & Recognition
- Harvey Milk Day – May 22
California recognizes May 22 as Harvey Milk Day and encourages public schools and educational institutions to provide appropriate educational activities recognizing Harvey Milk's life, work, and contributions.
Need Support?
If you have questions about your rights, experience discrimination or bullying, or need help finding support at school, reach out to:
Department of Youth Advocacy
Email: [email protected]