California New Proposal: Ban Reporting Student Sexual Orientation to Parents

California Democrats introduced a bill in Sacramento on Wednesday (May 22) that would prohibit school districts from implementing “parental notification” policies. They argue that these policies are harmful “forced disclosure” practices that bring distress to LGBTQ students.

Last year, several conservative-leaning school districts in California implemented parental notification policies, requiring teachers to inform parents when students exhibit signs of gender identity changes, such as using a different name or pronouns incongruent with their biological sex. According to the Sacramento Bee, this new bill is the latest response in a year-long political battle.

Last year, Republican state Assemblyman Bill Essayli introduced AB1314, a bill requiring school staff to notify parents when students display signs of being transgender. The Democrat-controlled California legislature rejected the bill before it could even be heard in a committee. However, Democratic lawmakers failed to stem the tide as a result of the momentum behind the parental rights movement, leading to a series of similar measures taken by school boards.

Now, Democratic lawmakers in the legislature are attempting a different strategy. AB1955, introduced by Democratic State Assemblyman Chris Ward of San Diego on Wednesday, seeks to prohibit school districts from implementing policies that notify parents, and protects school employees who violate such district policies.

AB1955 has undergone extensive revisions, with Ward removing the original content of the bill and incorporating new wording. He stated that the main points of the bill include: 1. Clearly prohibiting school districts from enacting “forced disclosure” policies targeting LGBTQ students. 2. Providing resources and support for LGBTQ students and their families, including access to counseling and other mental health services. 3. Prohibiting school districts from penalizing employees who violate their policies.

AB1955 still needs to be reviewed by the state senate and, due to the revisions made, the bill will need to be voted on again in the state Assembly before it is submitted for the governor’s signature.

Ward, the vice-chair of the California Legislative LGBTQ Caucus, emphasized that this bill is a priority for the caucus. When asked why the bill was introduced over a year after Essayli’s measure sparked the parental notification movement in California, Ward mentioned that caucus discussions started last summer but they decided to wait for legal guidance from multiple court cases regarding the issue.

The ACLU and LGBTQ organizations like Equality California have expressed support for AB1955. The ACLU stated in their “Know Your Rights” section that typically, whether in public or private schools, they have no right to disclose your LGBTQ identity to anyone, including parents, without your consent.

However, this proposed legislation has faced strong opposition from some parent groups and conservative lawmakers. Critics argue that parents have the right to know important aspects of their children’s lives and schools should not keep such information confidential.

“Last year, Democrats claimed parental notification policies were illegal,” Republican Assemblyman James Gallagher expressed on X platform this week, “then the state attorney general admitted in court that it was not illegal, and now they are trying to exclude parents from their children’s educational process. If there are any issues concerning the child’s health or well-being, parents have the right to be informed.”

Parental notification policies are currently being contested in multiple lawsuits in California. High-ranking state officials, including Governor Gavin Newsom, Attorney General Rob Bonta, and Education Director Tony Thurmond, have taken a firm stance on parental notification policies.

The Chino Valley Unified School District in Riverside passed a parental notification policy in August last year, leading to a legal lawsuit with the state attorney general’s office over whether the policy is discriminatory.

The Dry Creek Joint Elementary School District in Roseville also passed a similar policy last fall but stated they would not implement the policy until its legality is determined by the courts.

The Rocklin Unified School District in Placer County passed a parental notification policy after hours of public debate last September. The district recently received free legal assistance from a conservative law firm based in Chicago to handle a lawsuit brought by the state education department, which deemed the policy as discriminatory and requested its repeal.

Essayli has pledged to take this matter all the way to the U.S. Supreme Court.

Parental notification policies have also faced criticism from teachers’ unions. In the Rocklin School District, the local teachers’ union even filed a complaint with the California Public Employment Relations Board, alleging “unfair labor practices” by the board for passing the policy without union consent, violating the Educational Employment Relations Act.