California Gov. Gavin Newsom signed a groundbreaking law on Monday that prohibits school districts from implementing policies that require schools to inform parents if their child requests to change their gender identification.
The law specifically prohibits rules mandating school staff to disclose a student’s gender identity or sexual orientation without the student’s consent. Advocates of the legislation argue that it will safeguard LGBTQ+ students who may face challenges in unsupportive households. However, critics contend that it may limit schools’ ability to communicate openly with parents.
This law emerges amidst a larger dialogue surrounding local school districts and the rights of both parents and LGBTQ+ students.
“There has been an increase in politically motivated assaults on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth nationwide, including in California,” stated Democratic Assemblymember Chris Ward, the law’s author. “While certain school districts have implemented policies that forcefully disclose a student’s gender identity, the SAFETY Act ensures that discussions regarding gender identity remain private matters within the family.”
The enactment of this law follows the enactment of policies by several California school districts that necessitated parental notification if a student sought to change their gender identification. This spurred opposition from Democratic state officials who underscored the importance of student privacy.
Nevertheless, advocate Jonathan Zachreson in California, who supports the parental notification policies, opposes the law and stresses that informing parents about a student’s gender identification change is crucial for the well-being of children and for maintaining trust between schools and parents.
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States nationwide have proposed bans on gender-affirming care, restrictions on transgender athletes in girls’ and women’s sports, and mandates for schools to disclose information about trans and nonbinary students to their parents. Some legislators in other states have introduced bills with broad provisions necessitating parental notification of any changes in their child’s emotional well-being or health.
The California law sparked heated debates in the state Legislature. LGBTQ+ lawmakers shared personal stories illustrating the challenges of deciding when to disclose their identities to their families, asserting that transgender students should have the autonomy to reveal that aspect of their identities on their own terms. State Assemblymember Bill Essayli, a Republican representing part of Riverside County, staunchly opposes the law and criticizes Democratic leaders for blocking a bill he proposed last year that would have mandated parental notification of a child’s gender identification change.
In Northern California, the Anderson Union High School District board approved a parental notification policy the previous year. However, the teachers union advised against enforcing the policy while engaged in a labor dispute with the district, as stated by Shaye Stephens, an English teacher and president of the teachers association at the district.
Stephens emphasized the unfair position the notification policies place teachers in, stating, “It’s kind of a lose-lose situation for teachers and administrators or anybody that’s being asked to do this. I don’t think it’s safe for students. I do not think that we are the right people to be having those conversations with a parent or a guardian.”