California Gov. Gavin Newsom has signed a San Diego lawmaker’s legislation barring school districts from passing policies that require schools to notify parents if their child asks to change their gender identification.
The law bans rules requiring school staff to disclose a student’s gender identity or sexual orientation to any other person without the child’s permission. Proponents of the legislation say it will help protect LGBTQ+ students who live in unwelcoming households. But opponents say it will hinder schools’ ability to be more transparent with parents.
The law comes amid a nationwide debate over local school districts and the rights of parents and LGBTQ+ students.
Assemblymember Chris Ward, a Democrat, introduced the legislation because of what he called a “growing national attack” on LGBTQ people.
“Although many LGBTQ youth have supportive families, some unfortunately continue to face rejection and are exposed to serious harm if pre-maturely forced to reveal their identity,” Ward said on the Assembly floor last month.
The new law comes after several school districts in California passed policies requiring that parents be notified if a child requests to change their gender identification. That led to pushback by Democratic state officials, who say students have a right to privacy.
But Jonathan Zachreson, an advocate in California who supports the so-called parental notification policies, opposes the law and said telling parents about a student’s request to change their gender identification is “critical to the well-being of children and for maintaining that trust between schools and parents.”
The state department of education has previously interpreted anti-discrimination law to mean that schools must not notify parents or others of a student’s transgender status without getting the student’s consent; the department has said doing so could endanger student safety.
The issue is still playing out in California courts, including one ongoing federal case involving Escondido Union School District.
Two teachers sued Escondido last year, saying they should be able to tell parents about any students’ transgender identity.
The district’s policy required school staff to keep a student’s gender identity private absent the student’s consent to share it with parents. The two teachers argued that violated their First Amendment rights.
Judge Robert Benitez had temporarily blocked Escondido’s policy, ruling in favor of the teachers, while litigation continues.
Judges elsewhere California have ruled differently and in favor of student privacy.
For example, a San Bernardino County judge last year temporarily blocked the notification policy of Chino Valley Unified after the attorney general sued the district, alleging its policy to inform parents their children are transgender violated students’ rights to privacy and protection from discrimination. In light of the litigation, the district has since broadened its policy to all students and removed references to gender identity.
Ward has said he wanted to get a ban on such parental notification policies written into law because California courts have been issuing conflicting rulings on the matter, causing confusion and ambiguity. He had said a new state law would give clearer guidance for schools to follow.
