Today's Law As Amended


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AB-245 Educational equity: student records: name and gender changes.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 66271.4 is added to the Education Code, to read:

66271.4.
 (a) For purposes of this section, “public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges.
(b) (1) If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former student’s legal name or gender has been changed, the institution shall update the former student’s records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former student’s updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.
(2) An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.
(c) The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:
(1) State-issued driver’s license or identification card.
(2) Birth certificate.
(3) Passport.
(4) Social security card.
(5) Court order indicating a name change or a gender change, or both.
(d) This section does not require the institution to modify records that the former student has not requested for modification or reissuance.
(e) Commencing with the 2023–24 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name. Commencing with the 2023–24 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name listed on the student’s diploma.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.