§ 66271.41. — 66271.41. (Amended by Stats. 2023, Ch. 222, Sec. 2.)

California § 66271.41.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 5.
• Title 3.: DIVISION 5. GENERAL PROVISIONS
• Part 40.: PART 40. DONAHOE HIGHER EDUCATION ACT
• Ch. 4.5.: CHAPTER 4.5. Equity in Higher Education Act
• Art. 3.5.: ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education

Text

(a)
The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.
(b)
Upon the request of an individual, a community college campus and a California State University campus shall, and a University of California campus is requested to, update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender
identification. The records that shall be updated include, but are not limited to, all of the following:
(1)
School-issued email addresses.
(2)
Campus identification cards.
(3)
Class rosters.
(4)
Unofficial and official transcripts.
(5)
Diplomas, consistent with subdivision (e) of Section 66271.4, certificates of completion of courses, or similar records.
(c)
(1)
Commencing with the 2023–24 academic year, community college
campus systems shall be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
(2)
Commencing with the 2024–25 academic year, California State University campus systems shall, and University of California campus systems are requested to, be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.
(d)
A community college campus and a California State University campus shall not, and a University of California campus is requested to not, charge a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting,
updating, or reissuing that document or record generally.
(e)
Notwithstanding any other law in conflict with this subdivision, except Section 67400, a public postsecondary educational institution may use an individual’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the individual in accordance with the individual’s gender identity and affirmed name.

Legislative History

Amended by Stats. 2023, Ch. 222, Sec. 2. (AB 760) Effective January 1, 2024.