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Education rights

Education rights pertain to access to and equality in education, including legal protections against gender-based discrimination, sexual harassment in schools, and policies ensuring the inclusion of girls, pregnant students, and gender-expansive individuals.

New Jersey Revised Statutes § 18A:33-30 Provision of Menstrual Products in Schools

Section 18A:33-30 requires all New Jersey school districts to provide free menstrual products, including tampons and sanitary pads, in at least half of the female and gender-neutral restrooms in schools serving students in grades 6 through 12. The State bears the financial responsibility for supplying and maintaining these products. The law is implemented through administrative compliance under the Department of Education rather than through criminal penalties, ensuring equitable access to menstrual hygiene for students across public secondary schools.

New Jersey Revised Statutes § 18A:35-4.20 Sex Education Programs and Abstinence Instruction

New Jersey Revised Statutes § 18A:35-4.20 requires that any public school sex education program emphasize abstinence as the only completely reliable means to prevent pregnancy and to avoid HIV/AIDS and other sexually transmitted infections. The statute does not prohibit broader instruction on reproductive health, but it mandates that abstinence remain the central message of such programs. 

New Jersey Revised Statutes § 18A:36-41 Guidance for School Districts on Transgender Students

New Jersey Revised Statutes § 18A:36-41 requires the New Jersey Commissioner of Education to issue statewide guidance to local school districts to ensure a safe and nondiscriminatory educational environment for transgender and gender-nonconforming students. The law directs schools to adopt policies that respect student privacy, maintain confidentiality of records, and use student-asserted names and pronouns.

Política de Género e Estratégia da sua Implementação (Gender Policy and its Implementation)

The Gender Policy and its Implementation outlines a general plan for the creation of institutional mechanisms that will assist in the implementation of policies targeting gender inequality. Critical areas identified include economic empowerment, education, basic needs, and childbirth mortality.

Proposta do Programa Quinquenal do Governo 2015-2019

Proposta do Programa Quinquenal do Governo 2015-2019 is a four year plan that highlights the need for specific attention towards issues of gender inequality, protection and empowerment of women, and education for women and children so that they can develop a more active role in civil society. The plan sets out to promote measures that strengthen gender equality and the rights of vulnerable peoples, as well as to spread knowledge on the rights of women and children.

Re Castlemaine Steiner School Ltd.

The students enrolled at Castlemaine Steiner School Ltd (“Castlemaine”) for kindergarten and prep were originally approximately 75% boys and 25% girls. Castlemaine wished to offer more places to female students in order to maintain gender balance in their classes.  Such conduct would constitute discrimination on the basis of gender in the provision of education and services under the Equal Opportunity Act 2010 (Vic) (“EO Act”), unless an exemption applies.

Saving Ohio Adolescents from Experimentation (SAFE) Act (2024)

Ohio House Bill 68 (2024), the Saving Ohio Adolescents from Experimentation (SAFE) Act, prohibits minors from receiving gender-affirming medical services and requires schools to maintain single-sex sports teams, thereby excluding transgender girls from participating in female sports. The bill was vetoed by Governor DeWine in December of 2023, but the veto was overridden by the House and Senate in early 2024, making it law. The law is currently blocked by a court order and is being challenged in Moe v.

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