What is my personal position? PERSONALLY - I do not believe boys should play girls sports.
HOWEVER – I acknowledge that as a school board member, I must follow the law.
CALIFORNIA LAW. CIF POLICY. SCHOOL BOARD RESPONSIBILITY.
1. THE LAW: WHAT CALIFORNIA REQUIRES
The specific law is California Education Code § 221.5(f). It was enacted through Assembly Bill 1266 in 2013 and took effect January 1, 2014. The statute states:
“A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed in the pupil’s records.”
This is state law—not simply a recommendation or an optional district policy. The California Department of Education identifies this statute as part of California’s framework governing student participation in school athletics.
Read California Education Code § 221.5
2. CIF: THE STATEWIDE GOVERNING BODY FOR HIGH SCHOOL SPORTS
The California Interscholastic Federation (CIF) governs interscholastic athletics at California high schools. Its Bylaw 300.D addresses participation consistent with a student's gender identity.
CIF's policy reflects California's statutory framework. School districts that participate in CIF athletics must operate within the applicable laws and rules governing those programs.
California Interscholastic Federation
3. SCHOOL BOARDS: WHAT IS THEIR ROLE?
School boards have important responsibilities for student safety, district policy, budgets, and educational opportunities. But their authority is not unlimited. California Education Code § 35160 authorizes school boards to act only in ways that are not in conflict with, inconsistent with, or preempted by law.
A school board cannot simply disregard state law because a majority of its members disagrees with it.
School board members, like all elected officials, may hold differing personal views regarding transgender participation in interscholastic athletics and may individually advocate for legislative changes through appropriate governmental processes. In their official capacity, however, governing boards are responsible for ensuring that district policies and administrative practices comply with applicable state and federal law, regardless of individual policy preferences. They may consider resolutions expressing a position. However, a resolution expressing disagreement does not, repeal or change state law.
Attempting to implement a policy that conflicts with applicable law can expose a district to legal challenges (potential litigation) and additional costs for taxpayers. The potential liability in any particular situation depends on the facts and applicable law.
4. WANT TO CHANGE THE LAW? CONTACT THE PEOPLE WHO MAKE IT.
If this issue is important to you—whether you support the current policy or want it changed—the appropriate place to advocate for a change in state law is the California Legislature.
Contact your:
- California State Assemblymember
- California State Senator
- Legislative committees responsible for education
- Governor, regarding legislation presented for signature or veto
Find your elected state legislators by address:
https://findyourrep.legislature.ca.gov/
KNOW THE LAW. UNDERSTAND THE POLICY. HOLD YOUR ELECTED OFFICIALS ACCOUNTABLE.
