California Governor Signs Law Protecting Student Privacy on Gender Identity Requests

California governor Signs Law Protecting Student Privacy Gender Identity Requests

By Jackelyn Cornejo , Parent Herald Jul 16, 11:10 am

Photo: (Photo : KENA BETANCUR/AFP via Getty Images )

California Governor Gavin Newsom has signed a law that refrains school districts from needing schools to notify parents if their child requests to change their gender identity.

Law Bans Disclosing Student Gender Identity Without Consent

This law bans school staff from revealing a student's gender identity or sexual orientation to anyone without the child's consent.

Supporters contend that it safeguards LGBTQ+ students living in uncooperative households, while opponents claim it restraints transparency with parents.

The law arises amid a national debate regarding the rights of parents and LGBTQ+ students in local school districts.

California Assemblymember Chris Ward, a Democrat from San Diego, began the legislation in response to what he characterized as a "growing national attack" on LGBTQ people.

He noted that while many LGBTQ youth have supportive families, others face rejection and possible danger if forced to disclose their identities prematurely.

His office highlighted that several public school districts in the state had proposed or enacted "forced outing policies," which jeopardize the privacy of transgender and nonbinary youth.

These policies mandated parental notification when a child requested to change their gender identification, leading to resistance from Democratic state officials who assert that students have a right to privacy.

California Attorney General Rob Bonta challenged such a policy at the Chino Valley Unified School District by filing a lawsuit last year. The district has since revised its policy to require parental notification for changes to student records but not specifically for pronouns.

However, Jonathan Zachreson, an advocate for parental notification policies, argues the new law, contending that notifying parents about a child's request to change their gender identity is important for children's well-being and for maintaining trust between schools and parents.

Judge Halts Chino Valley's Parental Notification Policy on Gender Changes

A judge stopped a policy by the Chino Valley Unified School District in Southern California that needed parental notice if students changed their gender identification or pronouns.

This ruling came after a lawsuit by California Attorney General Rob Bonta, who contended that the policy opposed students' privacy rights and imperiled their well-being.

Judge Thomas S. Garza's decision delays the policy while the lawsuit proceeds, with the next court hearing scheduled for October 13.

Bonta praised the ruling, stating it protects LGBTQ+ students, while Chino Valley Unified's board president, Sonja Shaw, expressed disappointment and concern over state restrictions on parental involvement.

The district's policy, implemented this summer, is one of several similar measures in the region, intended to increase parental involvement. However, Deputy Attorney General Delbert Tran argued that the policy caused fear among students, while Chino Valley's attorney, Anthony De Marco, defended it as necessary for a successful transition.

The issue is part of a broader national debate over transgender rights, with many states considering or enacting policies that affect transgender students.

In California, a proposed statewide bill on parental notification did not advance, leading to local measures like Chino Valley's.

The California State Assembly recently declared August as Transgender History Month, amidst a backdrop of numerous anti-LGBTQ bills introduced nationwide.