California public schools are now required to provide students with access to at least one all-gender restroom under a law signed by Gov. Gavin Newsom in 2023.
Senate Bill 760 took effect July 1, with Newsom stating that the addition of all-gender restrooms will “help protect vulnerable youth, promote acceptance, and create more supportive environments in our schools and communities.”
But as the law takes effect, one question isn’t clearly answered: What happens if a school refuses to comply?
SB 760 states that schools are subject to a state compliance review, but does not establish a specific fine or other penalty for districts that fail to meet the requirement.
However, the bill states that if schools would like access to a school modernization fund—something schools could use to update facilities—they are required to use part of those funds to build an all-gender restroom if they don’t already have one.
“They’re effectively withholding funding,” said Lance Christensen, vice president of government affairs and education policy at the California Policy Center.
“School district trustees have sovereignty over their school districts. They’re not compelled to do everything you tell them to do. However, if they want the money that the state is offering, they then have to comply with state law.”
Schools also will have to cover the cost of complying with the new law up front.
Because SB 760 is a state-mandated local program, districts are responsible for implementation costs initially and may later seek reimbursement through the California Commission on State Mandates, if those costs are determined to be reimbursable.
The law also makes clear that traditional boys’ and girls’ restrooms will remain available, stating that “use of an all-gender restroom by a pupil shall be voluntary and pupils shall not be required to use an all-gender restroom.”
Still, those provisions have done little to ease concerns among some parents and education advocates.
Sonja Shaw, president of the Chino Valley Unified School District board, posted to X about these concerns, saying that the “all gender restrooms” in Sacramento leave no room for privacy.
