The school board of Westminster, Calif. recently announced it will not recognize a 1999 state law to protect students from discrimination based on sexual orientation or “perceived gender” in its districtwide education code. The 1999 law mandated that the 1,000-plus districts in California update their discrimination policies to include language protecting students who identify with a gender that may be contrary to others’ perceptions.

The three board members in favor of excluding the state’s language from the district policy said discrimination should not be based on the perception of the alleged victim in a discrimination case, but rather that of the accused. The majority argued that the 1999 definition would make it harder to discipline boys sneaking into the girls’ restroom if the boy claimed he identified as a female.

While it is logical that the right to claim a gender identity could potentially be abused in a K-12 school environment, the board’s decision is shortsighted and simple-minded. If real harassment was exhibited toward a transgender student, would the perpetrator be given the final say as to his motivations? Would discrimination against students become completely obsolete in future records because none of the alleged perpetrators came clean to administrators about their motivations?

Gender issues are becoming increasingly significant in schools. The California Department of Education and California Safe School Coalition both said they recognize that discrimination based on gender identity is an urgent problem, and that the state law is a positive response to a difficulty many K-12 students face.

Superintendent of Public Instruction Jack O’Connell’s decision to not withhold state funding from the district was correct in that it would only hurt Westminster’s students and teachers, and doesn’t punish the noncompliant board members. However, the Westminster School District must follow the law and adopt a better nondiscriminatory policy — as well as develop a more concrete statewide policy to clear confusion — that serves the intended purpose of protecting all of California’s K-12 students, not just those with traditional gender identities.