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Critique Humanities Law/Legal Nonfiction Theory

Can policies help schools affirm gender diversity? A policy archaeology of transgender-inclusive policies in California schools

By Elizabeth J. Meyer and Harper Keenan, 2018

Since 2010, California passed three laws that address the safety and inclusion of transgender students. Seth’s Law (SB 48), the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (AB 9) and The School Success and Opportunity Act (AB 1266). The policies of 10 large urban districts in and around the San Francisco Bay Area were analyzed using policy archaeology methodology (PAM) to critically evaluate the possibilities and limits of transgender- inclusive policies to support and affirm gender-diverse (transgender, agender, non-binary, etc.) students. The analysis presented here aims to trouble the normalizing categories of the gender binary that get reified in these policies and offers additional ways to create schools that are more affirming and supportive of all forms of gender diversity.

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