Law / United States / 
California
Campus records: use of legal name and gender from a government ID only where legally required, and a system for affirmed names and gender
Cal. Education Code sections 66271.4 and 66271.41
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are a campus of the University of California, the California State University or the California Community Colleges, use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, and otherwise identify the student in accordance with the student’s gender identity and affirmed name (section 66271.4(b)(3)).
- If you are a community college district or the California State University, 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 (section 66271.41(a)). The Regents of the University of California are requested, not required, to do the same.
- On the request of an individual, update the records of current students, staff and faculty to include the affirmed name, gender, or both, including school-issued email addresses, campus identification cards, class rosters, transcripts and diplomas (section 66271.41(b)). The University of California is requested, not required, to do the same.
- 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, and otherwise identify the individual in accordance with the individual’s gender identity and affirmed name (section 66271.41(e)).
- The sections reach the University of California only to the extent that the Regents make them applicable by resolution (section 67400).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The sections limit the use of a legal name and gender from a government-issued document. They name no log, no record to be kept as evidence of a check, no retention period and no reader of a record.
- Kind
- None
- As of
What this law does
Education Code section 66271.4(a) defines a public postsecondary educational institution as a campus of the University of California, the California State University or the California Community Colleges.
Section 66271.4(b)(3) permits an institution to use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, and otherwise requires the institution to identify the student in accordance with the student’s gender identity and affirmed name. Section 66271.4(b)(3) applies notwithstanding any other law in conflict with it, except section 67400.
Section 66271.41(a) requires the governing board of each community college district and the Trustees of the California State University, and requests the Regents of the University of California, to implement a system by which current students, staff and faculty can declare an affirmed name, gender, or both to be used in their records where legal names are not required by law.
Section 66271.41(e) permits a public postsecondary educational institution to 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, and otherwise requires it to identify the individual in accordance with the individual’s gender identity and affirmed name.
Section 66271.41(b) requires a community college campus and a California State University campus, and requests a University of California campus, on the request of an individual, to update the records of current students, staff and faculty to include the affirmed name, gender, or both, including school-issued email addresses, campus identification cards, class rosters, unofficial and official transcripts, and diplomas.
Under section 66271.41(c), community college campus systems were to be fully capable of accepting a declared affirmed name or gender commencing with the 2023–24 academic year, and California State University campus systems commencing with the 2024–25 academic year. Section 66271.4 was last amended by Statutes 2023, chapter 222 (AB 760), effective .
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