California Pushes for All-Gender Restrooms in All K-12 Schools

If a legislative law filed this month succeeds, all California public schools might have all-gender restrooms. The plan contrasts with the 16 anti-transgender bathroom laws in Idaho and Arkansas, which would force students to use the toilet that matches their physical gender.

Each child, regardless of gender identity, will be able to use a safe and private restroom, according to supporters of California’s bathroom bill, SB 760. And a few California school districts are already innovating.

According to the proposed legislation, every school site in California would need to have at least one all-gender restroom available for kids to use as of January 2025. The facility would have to go by the same rules that schools’ bathrooms already have, including regular upkeep, cleaning, having enough toilet paper and soap on hand, and being open and usable during school hours.

Signage stating that all pupils are welcome to use the restroom would also be necessary. Several schools might only need to repurpose an existing single-stall restroom to meet the criteria.

With the enactment of the California Equal Bathroom Act, the Oakland Unified School District administration planned to open all-student facilities at every school site in 2017. All companies in California are required by this regulation to have single-occupancy restrooms that are accessible to people of all genders and clearly marked.

Nonbinary students had to go to the office or request a key to a staff bathroom in the past, which is a common occurrence at schools without inclusive restroom access. According to many LGBTQ activists, it’s a needless barrier that may make something as routine as using the restroom traumatic.

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Gender Identity Issues

As per a 2018 report by the Human Rights Campaign, 43% of transgender and nonbinary students claimed they are never permitted to use a toilet or locker room that corresponds to their gender identity. More than half of the students in that group reported not feeling secure using the restroom that corresponds to their gender identification, and 12% reported receiving instructions from instructors or officials not to.

According to the 2018 HRC survey, nearly 50% of LGBTQ adolescents in California claimed they had experienced bullying or teasing because of their actual or perceived gender identity or sexuality. Avoiding the bathroom can result in a number of problems, including physical discomfort or infection, accidents, or kids staying home from school or leaving campus to use the washroom.

Last week, state senator Josh Newman (D) introduced SB 760, which would mandate that all K–12 public and charter schools have at least one gender-neutral restroom available for student use. This comes amid growing debate over the appropriateness of using public schools for students who identify as a gender other than their biological sex.

Bathroom facility disputes were one of the earliest fronts in the transgender cultural wars. Yet, as Republican-controlled states have tried to outlaw transgender surgery, puberty retardants, and cross-sex hormones for youngsters, the subject has mostly vanished into obscurity. As several states have approved legislation mandating student-athletes to compete based on their biological sex, the issue has also permeated athletics.

State Senator Scott Wiener (D) of California also endorsed Newman’s legislation, stating that “every child and adolescent should have access to a toilet that comports with their gender identification, and for some young people, that means bathrooms that don’t push them into a binary option.”

Throughout his career in the state legislature, Wiener has introduced a number of laws addressing gay and transgender issues. After a few Republican-controlled states took action to enable Child Protective Services to remove children from homes that approved of their child’s use of cross-sex hormones, puberty blockers, and other procedures, Wiener sponsored legislation that makes California a “refuge” for families with children identifying as transgender in 2022.

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