On Sept. 23, 2023, Gov. Gavin Newsom officially approved Senate Bill 670, an amendment to the California Education Code which adds that by July 1, 2026, all California public schools must have at least one all-gender bathroom that must be “as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated restrooms.” The Nexus endorses Senate Bill 760 as it is a step in the right direction, providing accommodations for non-binary students. The next step for Westview is to continue protecting students of all gender identities by providing similar accommodations in locker rooms.
Currently, all California high school students are required to complete a minimum of two years of physical education to earn a diploma, and as part of Westview’s ENS curriculum, students must change into P.E. uniforms and therefore must use locker rooms on campus. In ENS, students are required to enter one of two changing rooms: male or female.
Presently, non-binary students say they are told to change in restrooms if uncomfortable with using the locker rooms. However, this forces students to use one of two gendered bathrooms, as the singular all-gender restroom is more than halfway across campus inside the ROP trailers. Leaving this as the only option fails to account for students in the LGBTQIA+ community who do not conform to the gender binary or do not identify with their birth sex.
In order to uphold a core principle of the California Education Code found in Title IX, the requirement that “prohibits discrimination on the basis of gender identity, gender expression, sexual orientation,” it’s imperative that students are given the appropriate facilities to feel safe and comfortable on campus, regardless of their gender identity. Following the logic of Senate Bill 670, the creation of a third locker room that is open to all genders would not only give students a space that accounts for their identities but also protects them from potential harassment in binary locker rooms.
The creation of a non-binary locker room would not be revolutionary, as several high schools in the nation have already recognized the need to protect non-binary students. For instance, San Jose Unified School District and Long Beach Unified School District have already implemented non-binary dressing rooms on their campuses, which students have described as “welcoming” and more “comfortable.”
The Nexus recognizes that creating a third locker room would require time, funding, and reallocation of space, which is why we propose that existing locations can be used as interim, if not permanent, non-binary locker rooms. The swim locker rooms are not used during the school day, so they could be used as a changing space for non-binary students in ENS classes during school hours.
Regardless of space limitations, though, The Nexus sees communication as the core of this issue. Though the problem of insufficient locker rooms exists, this should be addressed transparently with students. Rather than non-binary students having to ask their ENS teachers what accommodations exist, such accommodations should be made clear to all students at the start of their ENS class term. In doing so, administrators are able to decrease the barrier to access due to fear of asking.
Senate Bill 670 marks a positive precedent for accommodating LGBTQIA+ students in high schools, and The Nexus sees the opportunity for Westview to perform above and beyond by continuing to consider how to address the unmet needs of all students.
