Know Your Rights: AB537 Protects
LGBQT Youth from Discrimination
Author:
Cynthia Pérez
Have you ever walked around your school wondering if
you will get thrashed because somebody may think you
are queer or because you actually are queer? These
feelings are more common than you may think. According
to the California Safe Schools Coalition, 53% of
students said their schools were not safe for “guys
who aren’t as masculine as other guys,” and 34% of
students said their schools were not safe for “girls
who aren’t as feminine as other girls.”
Well, just to let you all know, there is a law that
protects you from harassment and prevents you from
harassing others. AB537 is an addition to the
California Safety and Violence Prevention Act of 2000,
that changed California Education Code by adding
actual or perceived sexual orientation and gender
identity to the existing policy. This means if you are
queer, or perceived to be queer, this law protects you
from harassment at all California public schools no
matter who you are (this includes students, and
staff). This law also gives Gay Straight Alliances, or
GSAs, and other Lesbian/Gay/Bi-
sexual/Transgender/Questioning (LGBTQ) related student
clubs state protection.
Sharon Papo, the coordinator for Strange, a youth-run
program of Youth Services that supports LGBTQ youth
and issues said, “This is a law that lets students who
are being bullies or homophobic know that there are
laws against this.” According to Bart M. of Counseling
Today, teenagers who identify as LGBTQ hear anti-gay
slurs such as “homo,” “faggot” and “sissy” about 26
times a day. Many teens do not feel safe to “come out
of the closet” for fear of hearing so much trash talk
about being LGBTQ.
Raul Hernandez Jr., a teen presenter at the Alphabet
Soup Conference who is gay said, “There was a lot of
bad talk about [queers] and in high school your rep is
everything, and I was afraid that it would happen to
me if I came out. Everybody just let those words go…
nobody, even teachers didn’t do anything about it.”
This is not surprising since only 40% of California
students said they sometimes or often hear teachers or
staff putting a stop to the negative comments that are
based on gender presentation.
“I started cutting because I didn’t feel like I was
really safe,” said Hernandez. “Later I found out that
there were many people who were like me and cut like
me. This shows a lot about how a person feels at their
school.”
If you do not feel safe in your school you can file a
complaint with your school. Hernandez took action and
was the first to file a complaint about the verbal
harassment.
“This year we have done something about it, and now
the people who will go to school after me will not
have to go through it,” Hernandez said.
If you need to file a complaint, your student handbook
or an administrator should be able to give you an
outline of the process. You should document all the
crucial details like who, what, where, when and the
names of witnesses. You should keep a copy of the
reports and make sure that the complaints are
received. (FYI: If you get a few of your friends to
report this then your case will get more attention
from your administrators). Then report back on it. If
you are still being harassed you should let your
principle know that what they did is not working and
that something stronger will be required. If the
school doesn’t do anything about it then you should
call the district superintendent’s office and submit a
written complaint to the designated complaint officer.
They will have 60 days to conduct an investigation and
make a decision. If you are not satisfied with the
decision your district made, you will have to decide
whether or not you want to appeal. You can appeal by
sending the appropriate information to the California
Department of Education and they will give your school
district a certain amount of time to solve the
problem.
For more details go to www.ab537.org or
www.gsanetwork.org. These websites can help you with
any questions about AB537. Also, if you feel like you
are in any physical danger contact the police
immediately! You need to make sure you feel safe in
your school at all times.
Mireya Gomez-Contreras, a program coordinator for the
YWCA in Watsonville, thinks the law will protect
LGBTQ’s. “Without this law a lot of people could get
away with harassment,” she said. “I hope that the non-
queer community can learn about AB537. This prevents
harassment because it shows a consequence, but I also
hope to see some preventative work done around the
law.”
Gomez works directly with Latina lesbians as the
coordinator for LyLyA, Latinas y Lesbianas y Aliadas,
which is a support group for Spanish speaking and
bilingual women who identify as lesbian, bisexual or
ally. There are a few organizations locally that are
working towards the awareness of AB537 and LGBTQ
issues. Some of these organizations include the Gay-
Straight Alliances, or GSA’s, STRANGE and LyLyA. All
of these programs are now educating their communities
through workshops on LGBTQ issues and other related
topics.