California is 1st state to bar school districts from requiring staff to notify parents of gender changes

SACRAMENTO, Calif. - California became the first U.S. state to bar school districts from requiring staff to notify parents of their child’s gender identification change under a law signed Monday by Gov. Gavin Newsom.

The law bans school rules requiring teachers and other 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 legislation comes amid a nationwide debate over local school districts and the rights of parents and LGBTQ+ students.

"This law helps keep children safe while protecting the critical role of parents," Brandon Richards, a spokesperson for Newsom, said in a statement. "It protects the child-parent relationship by preventing politicians and school staff from inappropriately intervening in family matters and attempting to control if, when, and how families have deeply personal conversations."

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.

One of those school districts is Chino Valley Unified in Southern California.

This morning, the school board's president sent a statement decrying the law and strongly suggested they may challenge it in court:

"Every parent is now aware of this betrayal and will rise to challenge it. We will continue to fight relentlessly to protect our children and ensure that parental rights are upheld. This battle is far from over, and we will not rest until justice is served and parental rights are fully restored," said Chino Valley Unified School Board President, Sonja Shaw.

Supporters said the law protects students from potentially abusive situations at home by allowing them to come out to their families on their own terms.

"The teacher is not in any way stopped from picking up the phone and talking to the parent about it. All this law does is stop school boards from forcing teachers to always call the parents," said State Sen. Scott Wiener, D-San Francisco.

"School districts should be allowed to have policies where they disclose this vital information to parents. They have policies to notify them if a child is bullied, if a child attempts suicide, to notify them about their children's grades," said Jacob Huebert, Liberty Justice Center president. Liberty Justice Center is a Libertarian non-profit legal center which represents Chino Valley Unified.

There are at least five other school districts in California that require staff to notify parents.

State Sen. Scott Wiener says those policies are harmful and under the new law, null and void.

"LGBTQ kids are still getting kicked out of their homes in 2024. Imagine being a child facing that situation and having the decision taken out of your hands and forced on you by a school board?" Wiener said.

"We have always assumed that parents love their children and want to do their best for their children. Not that parents are a threat to their children and that we should trust the government more than we trust parents," Huebert added.

The new law won't have much of an impact on Bay Area school districts, many of which, like San Francisco Unified, already have policies in place that prevent teachers from telling a parent about a student's gender identity or sexual orientation unless they have the student’s written consent.

States across the country have sought to impose bans on gender-affirming care, bar transgender athletes from girls’ and women’s sports, and require schools to out trans and nonbinary students to their parents. Some lawmakers in other states have introduced bills with broad language requiring that parents are told of any changes to their child’s emotional health or well-being.

The California law led to heated debate in the state Legislature. LGBTQ+ lawmakers have shared stories about how it was difficult for them to decide when to come out to their families, arguing that transgender students should be able to share that part of their identity on their own terms. State Assemblymember Bill Essayli, a Republican representing part of Riverside County, is an outspoken opponent of the law. He has criticized Democratic leaders for preventing a bill he introduced last year — that would have required parents to be told of their child’s gender identification change — from receiving a hearing.

EDITOR'S NOTE: This headline has been updated to more clearly state that SAFETY Act / AB1955 does not ban staff from notifying parents of gender changes, but bans school districts from requiring that staff notify parents of gender changes.