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CUSD: Check Your Gender at the Bathroom Door

An outspoken opponent of LGBT efforts and a transgender employee of the district take the podium.

Stanley Wasbin addresses the Capistrano Unified School District Board of Trustees in January. Patch file photo.
Stanley Wasbin addresses the Capistrano Unified School District Board of Trustees in January. Patch file photo.

Originally posted at 1:39 p.m. Sept. 26, 2013.

Meeting the needs of transgender students was once again the topic at the Capistrano Unified school board meeting Wednesday, with speakers on both sides of the issue making suggestions on how to comply with a new state law allowing transgender students to go in any bathroom with which they feel comfortable.

Issues relating to lesbian, gay, bisexual and transgender students have come up several times before the Board of Trustees, most recently last meeting, when parents and LGBT leaders protested the placement of a person they view as a political opponent on a textbook review committee.

That committee member, Stanley Wasbin of San Clemente – who earlier this year asked the trustees to ignore the mandates of a new law requiring the contributions of the LGBT community be included in social studies textbooks – took the podium again to address Assembly Bill 1266, signed by Gov. Brown in August.

“Just because something is law doesn’t mean it’s necessarily a good idea,” Wasbin told trustees. The item was not on the agenda.

After he spoke, a transgender employee of the district, urged trustees to come up with solutions to meet the law’s requirements.

The new law prevents school districts from barring students from a single-sex setting like a men's basketball team or a women's locker room.

Wasbin said that he feared boys will abuse the law just to get access to girls bathrooms and locker rooms.

“Two words: teenaged boys,” he said.

Wasbin urged the district to seek a waiver to get out of having to put “urinals in girls’ bathrooms.”

He added: “If Capistrano Unified fails to get away from AB1266, just imagine the amount of time, money and paperwork that will be devoted to creating new bathroom policy.”

But Marshall Morgan, a school bus driver, said the district now has the opportunity to serve transgender students, who probably number at least 500 within the district.

“Restrooms, the choices are boys or girls,” Morgan said. “Most transgendered students make this decision based on where they won’t get ridiculed abused or hurt.”

He suggested the district create a third, “gender-neutral option” and change the signage. Locker rooms, Morgan added, would be tricker.

“Our children can’t make the right choices if we don’t make the right options available for them to choose from,” he said. 

shelly September 27, 2013 at 05:01 PM
Mission Viejo Mom, I am sorry that you feel that you need to confront me and yest I would contribute to a fund for gender neutral bathrooms. There are transgender students. What do you suggest happens, Mission Viejo Mom. What is your suggestion?
shelly September 27, 2013 at 05:05 PM
And please do not assume that teenagers are always going to do the wrong things because very often they do things. Especially if we are good role models for them.
Mission Viejo Mom September 27, 2013 at 05:14 PM
Don't assume teenagers will do the wrong things? That's the assumption at the high schools right now. You're pretty naive if you don't realize that. The principal at Capo suggested that kids not have iphones because they will be stolen. Kids are stopped by proctors and assumed to be guilty of things all the time.
Mission Viejo Mom September 27, 2013 at 05:15 PM
Shelly, you want special bathrooms for a small percentage of students but don't feel it's necessary for the district to offer Algebra to sixth graders because there are to few of them to offer it.
Kathi September 27, 2013 at 05:34 PM
Wake up people. Special bathrooms for certain students are a better alternative than what this law mandates. Again, it says they can use the facilities of their gender identity. This bill will give biological males or females the right to use the bathrooms, locker rooms & sports teams of the gender they claim to identify w. there is nothing in there even to verify that they really do identify w the opposite gender! This bill removes flexibility to accommodate students w out violating the privacy of other students. & it will go into effect Jan 1 unless the referendum qualifies for the ballot. If it qualifies, then it will be on the ballot for voters to decide--not state legislators & the governor who may not have an kids in school. So if you have concerns about biological males sharing the locker room w girls or vice versa, look up the Privacy for All (I think that's the name it) referendum & find a petition & sign it otherwise come January, students will be able to use the facilities of their chosen gender, even if there are gender neutral bathrooms available! If uncertain about the provisions of either th law or referendum, you should be able to find the text of the new law as well as the referendum to place it on the ballot online.
fact checker September 27, 2013 at 05:52 PM
Kathi, a high school in Huntington Beach just elected a transgender homecoming queen. Don't sell our kids short. A person who thinks he/she belongs better with one sexual identity probably does. Can't we let this play out? Who cares who is in the next stall?
fact checker September 27, 2013 at 05:55 PM
Kathi, I think you need to do a little more research into what transgender really means. And, as far as kids abusing this law, there will always be people who abuse laws. That doesn't mean we shouldn't pass them based on the good they will do rather than the people who will break them. If we did that we wouldn't have any laws at all.
Marshall September 27, 2013 at 07:33 PM
I have a question that would have to answered by someone with some more legal smarts than I. Because this law has no guidelines for schools to follow, what's to prevent a school from creating its own guidelines? An example could be, when a student is registered for school, the parents or guardians filling out the paperwork, not only have to mark the child's biologic sex, but the child's "Gender Identity", this would give the school authority over which facilities that child is permitted to use.
shelly September 27, 2013 at 08:24 PM
Mission Viejo Mom, Algebra I will be available to 6th graders they are taking it now under the CC. I totally get that you will disgree with everything I say but Mission Viejo Mom kids should be able to use the bathroom.
shelly September 27, 2013 at 08:27 PM
Marshall, Unfortunately, some parents and grandparents and guardians are not comfortable with their children's identity. Some kids dress up at home and then become themselves at school.
Marshall September 27, 2013 at 11:57 PM
@ Mission Viejo Mom, I have no doubt there are 500 or more Transgender children in our district, but you need to keep in mind the definition of Transgender, it's an umbrella term that can be used to describe people whose gender expression is nonconforming and/or whose gender identity is different from their birth assigned gender. Transgender doesn't necessarily mean Only someone who wants to be the opposite sex. A feminine boy, or a masculine girl, or a cross-dresser, all these also fall under the term Transgender. That being said, the Prevalence for someone wanting to be, or believing they are the opposite sex is believed to be 1 in 3,500 (depending on which study you believe is accurate) that would mean probably 15 students in our district that would want to use the opposite gender facilities.
Kathi September 28, 2013 at 01:28 AM
Fact checker, "That doesn't mean we shouldn't pass them based on the good they will do rather than the people who will break them. " you left out a very important consideration. Consideration also needs to be give. To the potential harm & there is a huge potential for harm. I already cited the case of the adult male college student's exhibitionism. Don't know if you have any daughters but I bet many Middle school & HS girls would be mortified to have to share a locker room w male students. Homecoming court does not involve violations of the privacy of the majority of students. Exposing oneself is a crime & yet this bill sets the scenario where it may be happening. Peeping Toms are also in violation of the law, but here male students could claim temporarily feeling like a girl & demand to use the girls locker room. As written, there is no criteria for determining even if a student is transgender vs a student just wanting access to opposite sex facilities. But whether or not they are whatever definition of transgender you use, trying to accommodate them ignores the privacy rights of the majority of students. This law lacks common sense provisions & is a blatant attempt to steamroll over the majority of student's privacy in order to push the agenda of a few. Again, having gender neutral bathrooms (if by that is meant single person use at a time) would be better than what this law mandates (although much more expensive) but that would not solve the other main areas such as locker rooms which as the bus driver said, is more complicated. But the law doesn't take that into consideration! The law is heavy handed & takes away local flexibility to deal w the issues it purports to help. Bearing in mind what the the bus driver said, this might actually be more harmful in that it still has boys & girls separate facilities so students have to use 1 or the other. No provision for some gender neutral bathrooms where those students might feel more comfortable. Again, I would encourage signing referendum petitions which would then delay this until after the voters have had a chance to weigh in. Even now, the article indicates lack of knowledge of what the law actually means. It's not just bathrooms. There are better ways to protect all students. So this should be put before the voters w parents & interested parties being able to see what it says & what it means & whether they want this for all public & charter schools.
Mission Viejo Mom September 28, 2013 at 06:18 AM
Mission Viejo Mom, Algebra I will be available to 6th graders they are taking it now under the CC. I totally get that you will disgree with everything I say but Mission Viejo Mom kids should be able to use the bathroom/////Shelly, I will try to stay on topic, but regarding Algebra, please check the district website. This was discussed on another board and it is a fact that Algebra is not offered to 6th graders under Common Core. I realize you don't want the district to look bad under any circumstances and will defend their actions to the bitter end.
Mission Viejo Mom September 28, 2013 at 06:35 AM
http://www.cde.ca.gov/ls/fa/sf/toiletrequire.asp I'm sure the district is out of compliance at most of the schools. My point is that we don't even have enough facilities for the non-transgender students. This law is very poorly written and another example of the terrible legislature we have in Sacramento. And please don't respond, Shelly, that I'm anti-transgender because I'm not willing to drink the political koolaid.
Marshall September 28, 2013 at 10:31 AM
@ Mission Viejo Mom, in that link you posted, there is no requirement for number of restrooms available per male or female student, only the number of toilets or urinals, in converting a boys restroom to a gender neutral restroom, boys still have access to those fixtures, thus not reducing the number available.
fact checker September 28, 2013 at 03:32 PM
mission Viejo mom, (and I apologize for participating in this bird walk so far away from the topic, but it needs to be addressed and I don't know how else to engage her on this point). You are mixing up standards with curriculum. The CCS are CORE standards that must be addressed at each grade level. The curriculum includes much more than that and it should. Just because a standard is not required at a specific level does not mean it won't or shouldn't be included in the curriculum for those students who are ready. So when you read the standards you will not see everything in the curriculum for each grade level.
fact checker September 28, 2013 at 03:34 PM
Back on topic, I would like to commend the bus driver for speaking publicly on this issue. It is only through the courage of people like this that we will move forward as a society. This has happened with public figures and it takes even more courage for regular people to step up and be willing to be part of societal education and change.
Kathi September 28, 2013 at 04:46 PM
To really get back on topic, which is about the effects of the new law & what to do about it--now that it MANDATES certain things rather than leaving it up to individual districts & schools to come up w REASONABLE policies, the new law says students can use the facilities of their preferred gender (don't remember the exact language but that is the idea). The law is an intrusive attempt to force acceptance of transgender onto everyone w out regard to the privacy concerns of the majority of students. Even the bus driver who commented admitted that locker rooms would be trickier, but I don't see anyone really addressing that major concern which will be facing students come January if the referendum does not qualify. Do we really want males sharing locker rooms w female students? Under this law, that will potentially be happening come January. & again, there is nothing in the law to that would prevent a boy from saying he feels like a girl so he can use the girls locker room. While some claim we should not expect bad things of students, Really? Even if most don't do it, think teen males & hormones, oh & others egging him on. But even if that doesn't happen, what about the privacy rights of all the rest of the students? This law totally ignores that to push an agenda, rather than really trying to come to reasonable solutions! & while a few of us were alerted to the law as it was being considered, its very obvious that most were caught by surprise & many probably are still ignorant of what will be facing their children come January 1. Just setting up gender neutral bathrooms will not solve this. Students are free to use the facilities of their perceived gender. In dealing w issues like this, you tend to have some who want to find a reasonable solution, working w others & then you have a few who just want to push their agenda w out regard for the rights or feelings of others. It seems rather obvious that the legislators who pushed this were in the latter category. & some that went along must have jumped on the bandwagon w out really thinking it through.
fact checker September 28, 2013 at 05:05 PM
Nothing to prevent a boy from saying he feels like a girl so he can watch the girls undress? How about parents, administrators and counselors, not to mention peer pressure. No one is pushing any agenda other than tolerance and civil rights. I think you may be the one with a fear of the unknown and just a tad of intolerance Kathi. Let it play out and if a problem arises there are plenty of people at each school site to deal with it.
Kathi September 28, 2013 at 06:30 PM
fact checker, well parents aren't there at school. & all the others will have to go by what the law says & it doesn't have any guidelines or criteria to prevent this happening. Fear of the unknown? There already was a problem as I mentioned before up in WA at a college where an adult male student was in the female locker room area in the sauna in full view of others in the nude w male parts apparently plainly visible. When a teacher reprimanded him she had to back off when he said he was transgender! That kind of behavior is normally called indecent exposure except it was protected there since he said he was transgender. Intolerant? Yes, I'm intolerant of things like that. & if you think this law is not about an agenda & is just tolerance & civil rights you are naive. Those same people pushing these laws in the name of tolerance are very intolerant of those who disagree w them. I'm not saying all LGBT are that way, but the activists previously wanted tolerance, now its moving on to forced acceptance & their way or the highway! That includes putting people out of business who do not agree.
Marshall September 28, 2013 at 06:55 PM
This is Bill AB1266: 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 on the pupil’s records.
Marshall September 28, 2013 at 06:58 PM
Because there are NO guidelines, schools can set there own guidelines, like a mentioned above, a students Gender Identity Must be on Record, this would prevent someone from walking into the OTHER gender facility on a whim, and if caught doing so, could be held accountable just the same as if someone did that now.
Marshall September 28, 2013 at 07:02 PM
Bottom line, we only have 2 options, 1st; sign the petition, hope they get 500,000 signatures before the dead line, if they do, it goes to the public to vote on, and option 2 prepare for the law to go into effect on January 1st, I would suggest BOTH, if they don't get enough signatures, then we're prepared, and even if it goes to the people to vote on, there is still a slim chance it gets approved.
Kathi September 28, 2013 at 07:08 PM
Marshall, did you read the text of the law you just posted? "irrespective of the gender listed on the pupil’s records." That seems to contradict your suggestion about it being on the records. Somewhere I read that possibly this is because the child may not be "out" to his parents about feeling transgendered, but out at school (if that is the proper terminology). Whatever the reason the way it is worded says it does not have to be what is on their school records.
Marshall September 28, 2013 at 07:15 PM
What it says is " irrespective of the GENDER listed on the pupil’s records ", School Districts could add to the student records a listing for " Gender Identity " with that on a students record, the Bill/Law reads " consistent with his or her GENDER IDENTITY ".
Kathi September 28, 2013 at 07:36 PM
Well, its possible that might work, but neither of us are lawyers, nor does it sound like either of us are aggressive about pushing our way, unlike some of the activists in CA & around the country. They have been known to come into communities where the locals had worked things out & push their agenda. & I just went back & was re-reading things & realizing you are probably the bus driver quoted. At any rate, you seem to be more reasonable than a lot of people & also careful about your figures--such as qualifying the term transgender & the difference between the 500 # given & the actual # you think would actually want to use opposite sex facilities. I kind of wonder how those you described as masculine girls or feminine boys & included (which I assume is from others categories) as transgender would feel about being called transgender? Sounds like that could overlap w homosexual & just those who don't conform to typical stereotypes but who are still heterosexual. I met a woman a few weeks ago whose appearance was somewhat sexy I would say. She was w her boyfriend. She told me she was a welder--not an occupation usually associated w women. So I would say there are a lot of heterosexuals who may not fit the sexual stereotypes, but are still heterosexual.
fact checker September 28, 2013 at 08:05 PM
Kathi I believe the term would be "being" transgendered rather than feeling transgendered. I sense some hesitance on your part to acknowledge that this is a physical thing and can't be imagined or invented according to circumstances.
Marshall September 28, 2013 at 08:07 PM
Thats just it Kathi, these people work the numbers, 1 in 100 have some form or level of transgenderism, so THEY would say our school district has 500 Transgender students, but, only 1 in 3,500 are like the girl that recently won homecoming queen in Huntington Beach, plus, there is MY take on restrooms, Restrooms are NOT built for a persons Gender, Restrooms are Built and Designed for a persons Biological Sex, I back this up by pointing out, you won't find urinals in the Ladies restrooms, nor will you find tampon dispensers in the Mens restrooms. Restrooms are built for whats between the legs, not whats between the ears, I don't care if you look like Arnold Schwarzenegger, if you have female equipment between your legs, you use the ladies room, OR, if you look and dress like Madonna, but have male equipment between your legs, you use the Mens room
Marshall September 28, 2013 at 08:13 PM
I was REALY hoping the Governor was NOT going to sign this Bill, its too much, too fast, I'm afraid of the backlash its going to cause the Transgender community if this winds up being a disaster. There are some that believe, that IS the only reason the Governor signed it.
Marshall September 28, 2013 at 08:29 PM
I should explain myself, I am whats called " Genderqueer " which is a term used to describe a person, who's Gender Identity falls outside the binary constructs of "Male" and "Female". Genderqueer people may define their gender as falling somewhere on a continuum between male and female, or they may define it as wholly different from these terms. Genderqueer falls under the umbrella term of Transgender.

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