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California lawmaker wants statewide ban on school district ‘outing policies’

Several districts across CA have enacted a parental notification policy, which requires teachers to tell parents when their child asks to go by a different gender.

SACRAMENTO, Calif. — Wednesday brought new developments in the ongoing fight over parental notification policies in California schools. In general, that’s a policy that requires teachers and staff to notify a student’s parent if that student asks to go by a different name or gender.

A handful of school districts — including the Rocklin Unified School District — have adopted such policies, with backlash and even lawsuits from state leaders. Rocklin USD’s policy is not currently being enacted, pending legal challenges by the Rocklin Teachers Professional Association and a lawsuit from the State Department of Education and the California Department of Education.

Opponents call it an “outing policy,” saying it poses a risk to LGBTQ+ youth who aren’t yet ready to come out to their parents or feel that doing so would put them in an unsafe situation. Proponents say it keeps parents in the loop on important developments in their child’s life.

Asm. Chris Ward (D-San Diego) opposes such policies.

On Wednesday, he announced newly updated legislation – AB 1955 – that would ban California school districts from enacting such parental notification policies, “to try to make sure that we were consistent across all California schools and, importantly, protect all California youth from some of these very Draconian and horrible ‘forced outing’ policies,” Ward told ABC10.

Speaking at Asm. Ward’s news conference — and later in an interview with ABC10 — was 20-year-old Kai, who asked ABC10 not to use his last name, over concerns about retaliation and harassment.

Kai remembers coming out as transgender to their sixth grade teacher in Rocklin USD.

“I came out to my teacher first, and she was so accepting and so kind to me,” Kai said. “If I didn’t have that first adult to come out to and to get that support from, I don’t think I would’ve had the strength to tell my parents.”

They graduated in 2022 from Rocklin Alternative Education Center, in the Rocklin Unified School District. Kai got to tell his parents when he was ready and wants that for other students.

“I think if we can ban the schools from these parental notification policies, it’s going to make sure that so many kids are able to continue their lives and come out when they’re ready, when they’re safe,” Kai said.

Meg Wiese is also in support of AB 1955. She is chapter chair of the Placer County Our Schools USA and advocates for students in the LGBTQ+ community.

“I think it’s a really powerful statement to the LGBTQ community that they are valued and that we’re not going to let extremist boards bully them.” Wiese said, adding that, "I feel like the criticism is that something is being hidden from parents. I don't think that's true. I think the teachers are building something special at school and there's no one saying parents can't do the same thing at home."

She said students who have a good relationship with their parents will feel more comfortable sharing any news about their gender identity.

"As much as it's in your set of values, embrace them, and they are going to be willing to share more with you," Wiese said.  

The proposed legislation would also protect from retaliation teachers who object to outing a student to their parents.

“Teachers are there to teach, not to be the gender police,” Asm. Ward said.

However, people in favor of parental notification policies say enacting a statewide ban on such policies would undermine parents and ultimately hurt kids.

“We don't want to be legislated out of the process,” said Rocklin parent Leah Tuifua, who has four kids in the Rocklin school district and one who already graduated.

She thinks parents should be kept in the loop on something as important as their child’s gender identity.

“I think that parents do have a fundamental right to be involved in really important decisions in their kids’ lives,” Tuifua said. “I really do believe that people on both sides of this issue, think that they're doing the best thing for kids. But I just disagree. I just disagree with the policymakers that this is going to be the healthiest things for kids across the board.”

In response to this proposed legislation, Republican Assemblymember Bill Essayli (R-Riverside) said in a statement, “We will continue to fight these indefensible policies in the Legislature and if this bill passes, I dare Governor Newsom to sign this bill into law so that we can immediately challenge it in court.”

Top elected leaders have come out against parental notification policies, including Governor Gavin Newsom, State Superintendent of Public Instruction Tony Thurmond and State Attorney General Rob Bonta.

Asm. Ward said he’s hoping to pass a statewide ban on parental notification policies, in part, to help settle the matter, since there are some legal challenges. In fact, Rocklin USD has a hearing coming up next month in its lawsuit with the state on June 13.

Mike Murray is a Rocklin USD parent and opposes Asm. Ward’s proposed legislation.

“The move today by state leaders to create a law to ban schools from exercising local control and responding to what parents and students need is disappointing. Parents will continue to advocate for policy that affirms their fundamental rights to care for and educate our children,” he said in an email to ABC10. “We have the constitutional right to be there for our children, we want to be there for them, and we are the best qualified and available to be there for them. I appreciate the Rocklin Unified School Board for doing what is right and giving parents a seat at the table.”

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Another Northern California school district passes controversial parental notification policy

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