Newsom Signs Bill To End Transgender Notification Policies At Schools; Opponents Say Fight Is Not Over

By Diana Lambert and Monica Velez – EdSource

A trailblazing state law prohibiting California school boards from passing resolutions that require teachers and school staff to notify parents if they believe a child is transgender isn’t likely to put an end to this polarizing issue.

The Support Academic Futures and Educators for Today’s Youth, or SAFETY Act, was signed by Gov. Gavin Newsom on Monday. It will prohibit school districts from requiring staff to disclose to parents information related to a student’s sexual orientation or gender identity, and will protect school staff from retaliation if they refuse to notify parents of a child’s gender preference. The legislation, which will go into effect Jan. 1, also provides additional resources and support for LGBTQ+ students at junior high and high schools.

“California is the first state to pass a law explicitly prohibiting school districts from enacting forced outing policies in the nation,” said Mike Blount, spokesperson for the author of the bill, Assemblymember Chris Ward, D-San Diego.

The legislation was passed in response to the more than a dozen California school boards that proposed or passed parental notification policies in just over a year. The policies require school staff to inform parents if a child asks to use a name or pronoun different from the one assigned at birth, or if they engage in activities and use facilities designed for the opposite sex. At least seven California school districts passed the controversial policies, often after heated public debate.

First lawsuit filed

By Tuesday evening, the conservative nonprofit Liberty Justice Center said it had filed a lawsuit challenging the new law on behalf of Chino Valley Unified, which passed a parental notification policy last year.

“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” said Emily Rae, senior counsel at the Liberty Justice Center in a press release. “Parents are the legal guardians of their children, not Governor Newsom, Attorney General (Rob) Bonta, or Superintendent (Tony) Thurmond. We will continue to defend parents’ rights and children’s well-being by challenging invasive laws like AB 1955 in court, at no cost to taxpayers.”

Other opponents, including Assemblyman Bill Essayli, R-Riverside, indicated that the issue will be settled in court. He is “committed to challenging the bill in court, and he’s confident he’s on the right side constitutionally,” said Shawn Lewis, Essayli’s chief of staff. Essayli plans to work with a coalition of advocates to challenge the bill, Lewis said.

Election issue

Parental rights is the overarching issue for the Republican Party, but right now it is focused on the parental notification issue, Essayli said in an August interview with EdSource. “This is an issue we want to run on in 2024,” he said.

The newly passed legislation also resulted in a flurry of press releases and social media comments from opponents and supporters. Even Tesla CEO Elon Musk weighed in, calling the new law the “final straw” in his decision to move the headquarters for X, formerly known as Twitter, to Texas.

“I did make it clear to Governor Newsom about a year ago that laws of this nature would force families and companies to leave California to protect their children,” Musk wrote on X.

Proponents of the parental notification policies have said that parents have the right to know what is going on with their children at school and that minors do not have a right to privacy. Opponents say these policies could endanger already vulnerable students who should be able to decide when they want to come out to their parents.

Chino Valley Unified in San Bernardino County, Murrieta Valley Unified and Temecula Valley Unified in Riverside County, Orange Unified in Orange County, Anderson Union High School District in Shasta County, and Rocklin Unified and Dry Creek Joint Elementary School District in Placer County are among the districts that have passed parental notification policies.

California’s parental notification board policies have their origin in Assembly Bill 1314, proposed by Essayli, which was denied a committee hearing at the state Capitol last year. After that, Essayli, parents’ rights groups and attorneys wrote a model board policy for school boards.

On Monday, Essayli released a statement about the new law: “Today, Governor Gavin Newsom defied parents’ constitutional and God-given right to raise their children by signing AB 1955 which codifies the government’s authority to keep secrets from parents,” he said. “AB 1955 endangers children by excluding parents from important matters impacting their child’s health and welfare at school. Governor Newsom signing AB 1955 is both immoral and unconstitutional, and we will challenge it in court to stop the government from keeping secrets from parents.”

Eight states have passed laws requiring school districts to inform parents if their children ask to use names or pronouns associated with another gender, according to the Movement Advancement Project.

LGBTQ+ rights threatened

School parental notification policies have impacted the mental health of LGBTQ+ students and can lead to bullying, harassment and discrimination, according to a press release from Ward’s office.

“Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,” said Ward, who introduced the legislation along with the California Legislative LGBTQ Caucus.

“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,” he said. “As a parent, I urge all parents to talk to their children, listen to them, and love them unconditionally for who they are.”

The California Teachers Association and its members have been major opponents of parental notification policies, saying that they drive a wedge between educators and students, and endanger already vulnerable students.

Teachers working in districts with parental notification policies have worried they could lose their jobs if they do not comply with the district requirement or end up in court if they disobey federal and state laws and policies.

“This historic legislation will strengthen existing protections against forced outing and allow educators to continue to create a safe learning environment where all students feel accepted, nurtured, and encouraged to pursue their dreams,” said California Teachers Association President David Goldberg.

“As educators, we are charged with providing a high-quality education to every student. No educator should experience retaliation or have their livelihood jeopardized for following the law and providing safe and supportive learning environments for our students.”

Policies spawn lawsuits

Attorney General Rob Bonta has said parental notification policies break California state law and violate students’ civil rights and their right to privacy. He issued warnings to districts and filed a lawsuit against Chino Valley Unified in San Bernardino County last year.

A lawsuit was also filed against Temecula Valley Unified by a coalition of students, teachers and parents who oppose the district’s parental notification policy, along with a policy that bans “critical race theory.”

California courts have had differing opinions. In San Diego, U.S. District Judge Roger Benitez last year ruled that Escondido Union School District violated parents’ rights when it followed California state policy and allowed students to decide whether to tell their parents they identify as transgender.

In Sacramento earlier that year, U.S. District Judge John Mendez dismissed a lawsuit against Chico Unified. The suit claimed that district policies allowed school staff “to socially transition” students and prohibited staff from informing parents of the change. Mendez said students have a right to tell their parents about their gender and sexuality on their own terms.

The new law will also require districts to provide support or affinity groups and safe spaces for LGBTQ+ students; anti-bullying and harassment policies and complaint procedures; counseling services; anti-bias or other training to support LGBTQ+ students and their families; suicide prevention policies and procedures; and access to community-based organizations to support LGBTQ+ students as well as local physical and mental health providers with experience in treating and supporting families of LGBTQ+ youth.

California Legislative LGBTQ Caucus Chair Susan Eggman said the legislation reaffirms California’s position as a leader and safe haven for LGBTQ+ youth.

“I am also deeply grateful for all the parents, teachers, youth, LGBTQ+ leaders, and so many other groups who came together to support this bill,” Eggman said. “Their support reaffirmed what this caucus already knew: Safe and supportive schools for all our children should be our top priority. And at the end of the day, that’s what this bill does, ensures our K-12 campuses remain safe and affirming places for our youth no matter how they identify.”