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Protections for Students Based on Gender Identity

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Protections for Students Based on Gender Identity

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Letter from the California Department of Education, highlighting protection from discrimination based on gender identity or expression!

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Dear County and District Superintendents and Charter School Administrators:

Recently questions have arisen about the status of laws protecting California's students from discrimination based on gender identity, gender expression, and sexual orientation.

Title IX of the federal Education Amendments of 1972 prohibits discrimination based on "sex" in education programs or activities receiving federal financial assistance. Federal regulations that took effect for conduct occurring as of August 1, 2024, state that discrimination on the basis of "sex" includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. There are resources relating to the Title IX regulations in Appendix A.

There is a lot of activity going on in the courts regarding the new regulations. Federal courts in certain states have blocked implementation of the regulations in those states for now, and one federal court has blocked implementation of the regulations in certain California schools. Those entities are still subject to Title IX, but they will follow the previous version of the regulations, published in 2020. A list of schools where the new regulations are blocked is in Appendix B. The list may be supplemented in the future.

In any event, nothing in federal law prevents California from providing even more protection from discrimination than does federal law. Notwithstanding any federal court activity, it is important to know that California state law continues to protect students from discrimination based on gender identity, gender expression, and sexual orientation. Under California law, "gender" means sex, and includes a person's gender identity and gender expression; "gender expression" means a person's gender-related appearance and behavior whether or not it is stereotypically associated with the person's assigned sex at birth; and "sexual orientation" means heterosexuality, homosexuality, or bisexuality. California state law specifically provides that students shall be permitted to participate in programs and activities and use facilities that are consistent with their gender identity.

We urge you to remain vigilant in ensuring that all students are able to participate fully in the educational environment free from discrimination.

Sincerely,

/s/

Erika F. Torres, Ed.D., MSW
Deputy Superintendent

Appendix A: Resources

Here are some resources about Title IX from the United States Department of Education's Office of Civil Rights:

Appendix B: List of Schools

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Ensuring Students Are Protected - Professional Learning (CA Dept of Education)

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Ensuring students are protected from discrimination based on gender identity, gender expression, and sexual orientation.

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CalHope- Free Emotional Support for All Californians

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CalHope- Free Emotional Support for All Californians

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5- Tips for Helping 7 Empowering At-Risk Youth

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5- Tips for Helping 7 Empowering At-Risk Youth

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5 Tips for Helping & Empowering At-Risk Youth

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5 Tips for Helping & Empowering At-Risk Youth

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Ted Talk on a Gender Inclusive Classroom!

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Ted Talk on a Gender Inclusive Classroom!

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Toward a Gender-Inclusive Classroom | Rachel Bailey Jones | TEDxNazarethCollege

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Community Calendar from California Online Public Schools

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Community Calendar from California Online Public Schools

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Celebrating Holidays in a Culturally Responsive Way

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Celebrating Holidays in a Culturally Responsive Way

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- Training, Resources and Encouragement for Educators

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If you don't know what culturally responsive teaching is check out my post here before reading this one. November and December is a time of year marked with numerous important holidays around the world. How can teach about these holidays and celebrate along with students while still being culturally responsive? Here's some suggestions:

Incorporate different holidays equally in your classroom decorations.

Does your classroom look like the Christmas ad for a local department store with an oversized Christmas tree, Santa and an Elf on a shelf? Maybe you stuck a 4-inch tall Menorah in the corner and call that "diverse". Well, it isn't! Being truly culturally responsive means that all holidays and cultures are represented equally.

Help students see that the same holiday can be celebrated in multiple ways

Not all students believe in Santa. Some students don't celebrate Christmas with a large tree, dozens of gifts and a Christmas turkey. Books like Daddy Christmas & Hanukka h Mama, Tree of Cranesand Too Many Tamales help students see that even Christmas could be celebrated in different ways by diverse families.

Some students end of feeling very bad this time of year because all their friends are talking about the latest Iphone they got or the new video game their parents stood in line all day to get them. Try to be responsive to the fact that all your students don't come from the same economic backgrounds.

Read books about traditions and holidays around the world.

Christmas is not the only major holiday happening this time of year. There is also Hanukkah, Diwali (November or December) Kwanza and Chinese New Year. Ramadan is another major holiday celebrated in April or May around the world.

TheCoreCoaches.com has some great ideas for teaching about each of these holidays.

Sunnyandbrightinprimary has a FREE 55 page passport book that talks about all of these major holidays as well as how Christmas is celebrated around the world. I have used this booklet with my students. Just print the countries and holidays you decide to focus on. For each country there is a reading passage that introduces the holiday and traditions to students, a set of reading comprehension questions and a stamp that students can glue into the blank pages in their passport book. My students came running into the class everyday asking what country we were going to next!

There are soooo many great resources and products out there for teaching about holidays around the world this time of year. When evaluating whether or not its a culturally responsive product to use with your students ask yourself:

Does this product or resource show these cultures in a positive way?

Does this product or resource depict people in a particular country using a stereotype (such as Mexicans always wearing a large hat, or Asians picking rice, or Africans in mud huts with animals roaming around them).

Does this product only depict Christmas as the stereotypical snow, Christmas tree, Santa scene? Christmas is not always celebrated that way.

Invite students and their families to share about traditions they have.

I came across a great flipbook that I have done with my students a few times. Students can complete it regardless of what holiday their families celebrate. It even works for students who aren't from religious families at all. Those students might have traditions around celebrating birthdays. You can download the book for free from Classroomfreebiestoo

Focus on themes common in many cultures and holidays.

Discuss universal concepts and values such as family togetherness, kindness and thankfulness. Most holidays incorporate these values to some degree.

I saw an idea for a countdown chain that encouraged acts of kindness each day. This would be great to do with students and have them countdown to the Winter break.

Carry the discussion on diversity and culture beyond just this time of year.

You should celebrate diversity and accurately depict different cultures in the images, texts and activities you do throughout all your classroom lessons. If you'd like to know more about how to do that check out my post on Elements of Culturally Responsive Teaching.

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Celebrating The Holiday Season In A Culturally Responsive Way

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If you don't know what culturally responsive teaching is check out my post here before reading this one. November and December is a time of year marked with numerous important holidays around the world. How can teach about these holidays and celebrate along with students while still being culturally responsive?

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List of Books to Talk About Race with Students

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List of Books to Talk About Race with Students

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Storytelling and books are a great way to have difficult or uncomfortable conversations with our children. We recognize that recent events may have left our children with questions, fears, and a feeling of instability. Below is a short list of books that may help open up those conversations.

Read the book yourself ahead of time to see if this story fits the needs and questions in your family, and be prepared for the questions that might come from it. Try reading and listening to these books with your child. Your child might immediately want to talk with you about their feelings and observations, or they might want to take some time to digest what you've read and come back to you later. Both are developmentally appropriate and healthy responses. Children may want to read a book or hear a story multiple times. These are large topics, and revisiting a story may help your child process the information as they connect the relevancy of the content to their lives.

Written and Illustrated by Sharee Miller

A glimpse of the black experience from the perspective of a young black girl.
Topics: The Black Experience, Boundary Setting, Points of View, Consent, Unintentional Racism.
Written and Illustrated by Todd Parr

The Kindness Book provides proactive examples of what kindness looks and feels like at a time when media images of unkind acts can be frightening and overwhelming. The Peace Book and It's Okay To Be Different are also age appropriate and accessible ways to approach what may be difficult topics and are excellent companion books.
Topics: Kindness, Outreach, Community, Respect, Self-Acceptance Maybe Something Beautiful
Written by F. Isabel Campoy and Theresa Howell

Illustrated by Rafael López

Based on a true story of a community coming together through art! Maybe Something Beautiful features characters of diverse backgrounds in the community working together and a heroine who is a person of color. 2018 Jump Start book selection for the Read Across America program.
Topics: Diversity, Community Building, Healing Through Art, Activism We're Different, We're The Same
Written by Bobbi Kates

Illustrated by Joe Mathieu

This poignant and delightful book from our friends at Sesame Street features familiar puppet characters and illustrations of diverse people. Great for early learners, the drawings in this book provide plenty of opportunities to make observations and ask questions.
Topics: Diversity Acceptance, Language Development (specifically using language to express observations), Empathy Through Examination of Similarities Little Black Pearls for Little Black Girls
Written and Illustrated by Kennedy Jordan Turner

Written by Dominique Jordan Turner

This book from mother/daughter team Kennedy and Dominique Turner support self-acceptance and confidence in young black girls. Hear from Kenne

herself about why she wrote this book:
Topics: The Black Experience, Black Girls and Women, Self-Acceptance, Confidence Building, Daughters and Mothers
Written and Illustrated by Innosanto Nagara

This book covers many of the reasons why, and ways, that people are activists. A frank and hard look at difficult civil right topics is a possible option for families whose children may have questions about why people protest. Great video of the author, Innosanto Nagara, reading the book to his young son:
Topics: Activism, Protests, Justice, Civil Right Issues, Politics A Kids Book About Racism
Written by Jelani Memory

Clear and concise explanation of racism, it's effects, and how to be the change. The book read by the author, Jelani Memory:
Topics: The Black Experience, Mixed Race Experience, Racism, Activism
Written by Michael Tyler

Illustrated by David Lee Csicsko

An easy fun and beautiful read, this book reads like a quick poem. This book is not just about different skin tones, and how they're beautiful and uniquely you, but also how we should love our skin, because it's the one we're in, forever! Listen to Michael Tyler read the book here:
Topics: Skin Tones and Colors, Identity, Race
Written by Jacqueline Woodson

Illustrated by Rafaek Lopez

This is a book for anyone who may have felt different, different because of where you came from, different because of the way you look, or your name, but that's something special and should be celebrated.
Topics: Self Identity, Self-Expression, Confidence Be You
Written and Illustrated by Peter Reynolds

A book celebrating everything that a child can grow up to be. This is an important book for all ages and all kids, but can be especially powerful for kids who may be feeling extra concerned about their futures. Listen to Peter H Reynolds read it himself:
Topics: Self Identity, Confidence Bippity Bop Barbershop
Written by Natasha Anastasia Tarpley

Illustrated by E.B. Lewis

This book goes through a common task that we're all familiar with, getting a haircut. However, this is told through a young black boy's perspective, learning about what it means to be brave, and beautiful after his first haircut. This is a story that can highlight a task we're all familiar with, through a different lens.
Topics: Black Identity, Rights of Passage, Black Point of View, Being Brave
Written by Cynthia Levison

Illustrated by Vanessa Brantley-Newton

A really powerful non-fiction story about 9-year-old Audrey Faye who becomes one of the youngest civil rights activists. This book delves into civil rights injustices during the 1960's but is told through the perspective of Audrey Faye, so while the subjects are heavy, they seem accessible to children.
Topics: Racism, Activism, The Civil-Rights Movement
Written by Taye Diggs

Illustrated by Shane W Evans

In this book, Mike explores his identity as a son of mixed-race parents. This book showcases what a lot of children have to go through when their parents are of different races, but can be a good read for all children.
Topics: Mixed-Race, Racial Identity, Self Confidence Something Happened In Our Town
Written by Marianne Celano, Marietta Collins, and Ann Hazzard

illustrated by Jennifer Zivoin

Something Happened in Our Town follows two families - one White, one Black - as they discuss a police shooting of a Black man in their community. The story tries to answer children's questions about such traumatic events, and to help children identify and deal with racial injustice in their own lives.
Topics: Race. Coming of Age, Emotions and Feelings, American History, Perseverance

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14 Children's Books To Help Parents Talk About Race - Kidspace Children's Museum

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Storytelling and books are a great way to have difficult or uncomfortable conversations with our children. We recognize that recent events may have left our children with questions, fears, and a feeling of instability. Below is a short list of books that may help open up those conversations.

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Tips for Educators with Students with Learning Disaibilities

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Tips for Educators with Students with Learning Disaibilities

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A Q&A with Gregg French, special education teacher at Bullard Havens Technical High School and president of LDA Connecticut

Accommodations and Strategies
What are some accommodations and teaching strategies that can be used in a general education classroom to help students with learning disabilities?
I spent a lot of my teaching career focusing on differentiation of instruction, and how beneficial that is to not only students with IEPs and 504s, but students who are below grade level or at risk, and for students that are primarily non-English language speakers. So differentiating instruction is beneficial for many different types of students that we encounter in our classrooms.
What is differentiation of instruction? Differentiation of instruction is a teaching model that looks at explicitly teaching content in different ways. One of the strategies that I find very much used in my school is the gradual release of responsibility. I see a lot of teachers modeling new concepts and skills, and then teachers provide guided practice where students, once a teacher feels that they've modeled enough, have the students walk the teacher through how to complete a task, or do an assignment. And then based on the guided practice and working together, talking it out, the teacher can get a sense of, 'okay, I feel that this group of students can do it independently, go for it. Maybe this group of students need to be a little bit more supported with more guided practice or with modeling.'
I've seen teachers do rotating stations where there's a specific task at each station for an allotted time. And it might have a vocabulary visual station, a hands-on station, and a conference with the teacher, so you're kind of using a wide variety of different approaches to delivery of instruction, teaching and learning.

A lot of teachers I know use project-based learning, and giving students a choice on how they want to create a project is great.

Use students' strengths to demonstrate and apply a specific skill. I've seen teachers who use a lot of assistive technology, speech to text, and audio books. I've worked with students in looking at different software to create projects, virtually and digitally. I think COVID virtual learning allowed teachers to experiment with more digital programs and software that can be beneficial to students with LD or without a disability.

A lot of those accommodations that we look for in implementing the IEP can be beneficial for students who are not receiving special education services. Being a visual learner is something that I think each person enjoys, so using graphic organizers to break down large reading or writing assignments can be helpful for a student who's learning English for the first time, or students that just need that visual support.

Highlighting vocabulary terms and pre-teaching content specific vocabulary can be beneficial to many diverse learners, not just specifically students with learning disabilities.

I make the point to tell teachers that an accommodation you might see in an IEP can become a class-wide accommodation if you feel it benefits all of your students, because I think that's just part of good teaching.

Partnering with Special Education Teachers
How can general education teachers and special education teachers partner to benefit students with LD?
I really think that one of the most crucial pieces to supporting any student with a disability is the collaboration between the special education teacher and the general education teacher, because there may be a point where co-teaching needs to be embedded in the delivery of instruction, and so making sure that teachers have the opportunity to collaborate, and co-plan, co-teach and co-assess, and come up with a model that fits the classroom.

Working on building positive relationships between both teachers is very crucial, that line of communication needs to be consistent and clear. And both need to understand the roles in supporting the student.

It shouldn't be me versus them, it should be us working together to support the needs of the student. And so in the classroom, whenever I push in, I always let the teacher lead the classroom. With the delivery of instruction, I will float around and support all students. And I think that's really key.

Students who have IEPs and a learning disability don't want to be picked out in the crowd and have an adult hovering over them. I see my role in the classroom as supporting all the students, so I build relationships with all the students. I'll spend time working with students that aren't on my caseload, because I know that kids on my caseload are working independently and are perfectly fine.

So the classroom kind of sees me as a co-teacher that's there for everyone. I don't hover over a particular student, and that classroom climate and environment is positive. They see myself and the general education teacher as partners, as a resource to ask for help. I never would turn away a student asking for help.

I think it's also important that the co-teachers use common language and are on the same page of knowing that, 'Yes, I have five or six students in your classroom that have IEPs that are on my caseload that I'm supporting, but I'm also supporting the entire class'

Advocating for Students
If a teacher has a student with LD and they feel like their needs aren't being met, how can they advocate?
I think that goes back to the collaboration piece. When a special education teacher is not present in a classroom with a group of students who have a learning disability, and the general education teacher may be struggling with reaching those students or teaching a specific lesson, that's where collaboration and communication need to come into play.

Having that open line of communication, where the general education teacher is comfortable to say, 'Hey, I did this lesson today, it didn't work out for the students, what can I do differently next time?' Or, 'Can you come in and maybe I'll reteach those students and you work with the other group of students and then we'll kind of do a split classroom.'

No teacher should feel that their hands are tied. And again, I think that goes to building positive relationships, communication, collaboration, and making sure that the special education teacher is also there to support the teacher. Because ultimately, the general education teacher spends the most time with their students.

Advice for General Education Teachers
Do you have any other advice for general education teachers who have students with learning disabilities in their class?
For teachers that find they have a large group of students primarily with LD, the number one thing is to reflect on your teaching practices. Because oftentimes, a lot of students with LD need things taught in a specific way that's really broken down, through scaffolding or chunking, and usually need a lot of visual supports.

So if you really implement differentiation of instruction, you build strong relationships with those students, you refer to those IEPs, you're an active collaborative member of the IEP team, and have a partnership with the special education teacher, you're pretty much meeting all the needs and requirements of effectively teaching students with a learning disability.

And also understand that a learning disability should not be the focus. We want to focus more on the abilities and the strengths of the students. Oftentimes teachers will say, 'Well, they have a reading disability, I'm never going to catch them up to reading at grade level.' Well, maybe that's not the goal, maybe the goal is to focus on what their strengths are, and using those to teach those areas of difficulty. And so it's flipping the equation, in not so much focusing on the dyslexia, the LD, the ADHD, but focusing on what the student is capable of.

And that's something to speak to on a personal level. I was diagnosed with a reading comprehension disability as well as a math disability in the fourth grade. And I received special education services throughout elementary school, throughout middle school, and up until junior year of high school. And I remember what it was like, being a student who receives services and had a co-teacher in the classroom, and feeling the stigma of having an IEP, having someone follow you and try to help you. And so my other word of advice would be it's okay to let the students be independent, because in the end, special education shouldn't be a life sentence.

And that's something I always try to tell parents too. I don't think it is talked about enough, but special education is there to support the student as much as is needed and appropriately. But if a student does find strategies that are effective and is compensating for those areas of difficulty, and they're doing well academically and socially, students can be exited from special education.

A student with a learning disability will have it their whole life, but can find strategies to really address the difficulties that they're having academically in school, and we shouldn't look at them any differently than any other student. And so I think really understanding where the student is and where they're coming from and building that relationship is crucial.

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How Teachers Can Help Students with Learning Disabilities

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A Q&A with Gregg French, special education teacher at Bullard Havens Technical High School and president of LDA Connecticut What are some accommodations and teaching strategies that can be used in a general education classroom to help students with learning disabilities?

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We Move Together: Storytime | Disability, Accessibility, Social Justice, Community Building

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List of Resources for Students Learning Online

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List of Resources for Students Learning Online

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Resources for Supporting Learners with Disabilities - Digital Promise

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Digital Inclusion: ‘You Have to Be Able to Use the Internet to Survive’

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Connectivity, access to devices, and staying current on digital skills are key issues facing many communities. Dara Brown talks with Angela Siefer of the National Digital Inclusion Alliance about how the coalition she founded connects groups from across the nation that are working to close the digital divide. Siefer underscores the importance of connectivity and skills: “You have to be able to use the Internet to survive.”

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Facts about Socioeconomic Status and Why It's Important 

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Facts about Socioeconomic Status and Why It's Important 

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Education and Socioeconomic Status Factsheet

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The impact of socioeconomic status on educational outcomes and reducing slow academic skills development, low literacy, chronic stress and increased dropout rates.

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Ted Talk about the Barriers of SES Differences

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Ted Talk about the Barriers of SES Differences

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Socioeconomic Status and Barriers to Education: Monica Korakula at TEDxBritishSchoolofBrussels