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California law bans ‘forced outing’ parental notice policies when a student switches pronouns

by LJ News Opinions
July 17, 2024
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SACRAMENTO, Calif. — California Gov. Gavin Newsom has signed a law 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.

California Assemblymember Chris Ward, a Democrat representing San Diego, 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.

In a May statement announcing the legislation, his office said more than a dozen public school district across the state had proposed or enacted “forced outing policies” that put transgender, nonbinary and other LGBTQ+ youth “at risk” by violating their privacy.

The policies require 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.

California Attorney General Rob Bonta challenged such a policy at the Chino Valley Unified School District in San Bernardino County by filing a lawsuit last year. The district has since changed its policy to require parental notification when a pupil asks to change their student records, but not specifically their pronouns.

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 Associated Press

Shelly Romero contributed.

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