At the beginning of the new year, some laws related to California and education came into effect on January 1st. These include not notifying parents when a student’s gender identity changes, public libraries not allowed to ban books, new requirements to learn about Native American history, and adding the “Mendez case” about racial segregation in schools to the curriculum. However, the state legislature did not focus on improving teaching standards and student performance.
AB1955, proposed by Democratic Assemblymember Chris Ward from San Diego County (District 78) and the California Legislative Transgender Task Force, is named the “Support Academic Futures and Educators (Safety) for Today’s Youth Act.” Ward said in a press conference that attacks on the rights, safety, and dignity of transgender and non-binary youth are on the rise nationwide, including in California, due to political motivations. Every transgender young person has the right to make decisions for themselves (about their gender and identity).
The proposal passed in the Senate with a vote of 29 to 8 (3 absentees), and in the Assembly, it passed 57 to 12 (10 absentees) after two votes within one day. This is a rare low approval rate given that Democratic Assemblymembers hold an absolute majority in the California Assembly (62 seats). The new law was enacted because over a dozen school districts/board of education in California proposed or passed “parental notification” policies in a short period of time. California Attorney General Bonta also sued some school districts that made similar decisions.
The new law prohibits schools from implementing a “parental notification” policy, which means parents cannot be informed when a student uses a name or pronoun different from their birth gender, participates in activities different from their birth gender, or uses facilities such as restrooms and changing rooms different from their birth gender. It also overturns existing “parental notification” policies in some school districts or schools and requires school staff to maintain confidentiality with parents.
Governor Newsom signed AB1955 on July 15th last year. The Liberty Justice Center filed a lawsuit on behalf of the Chino Valley School District the next day seeking to block the implementation of AB1955. The case is currently being heard in court, and unless a judge intervenes, AB1955 is already in effect.
SpaceX founder Elon Musk announced in July that due to this law and many previous laws attacking families and companies, SpaceX will relocate its headquarters from California to Texas.
AB1825, named the “California Freedom to Read Act,” prohibits government-funded public libraries (excluding school libraries) from banning books based on the author, content, perspectives, and political, religious, racial, and gender orientations. It passed in the Senate with a vote of 31 to 7 (2 absentees) and in the Assembly with a vote of 64 to 9 (6 absentees).
Five Democratic state lawmakers introduced this bill, including Assemblymembers Al Muratsuchi (District 66), Dawn Addis (District 30), and Chris Ward (District 78), as well as Senators Dave Min (District 37) and Susan Eggman (District 5). They stated, “Removing and banning books from public libraries is a dangerous step towards government censorship and erosion of our country’s commitment to free speech. This law protects people’s fundamental right to access diverse and inclusive books and library materials.”
The California Family Council opposes AB1825, stating that it weakens public libraries’ ability to keep pornographic material separate from children’s areas. Exposure to such content is harmful to children’s development, affects their understanding of interpersonal relationships, and may cultivate inappropriate behavior. The organization believes that libraries should work with parents to protect children and respect community standards and parental rights.
AB1821, titled “Pupil instruction: course of study: social sciences: treatment of Native Americans,” passed unanimously in both the Senate and Assembly. Assemblymember James C. Ramos from San Bernardino County (District 45) introduced the bill, which calls for the California Instructional Quality Commission to collaborate with Native American tribes in designing curricula that incorporate perspectives on the treatment of Native Americans during the era of Spanish colonization and the Gold Rush.
Supporters are concerned that the history of Native Americans in California, including being enslaved, starving, falling ill, and experiencing violence, has not been adequately addressed or may be misrepresented in the curriculum. The San Manuel Indian Mission Tribe stated, “The period of missionary activity during the Spanish occupation was one of the most destructive and sensitive periods in the history of California Native Americans, and the lasting effects of that era have been largely absent from current curricula.”
AB1805, named the “Instructional materials: history-social science: Mendez v. Westminster School District of Orange County,” also passed unanimously in both the Senate and Assembly. Assemblymember Tri Ta, a Republican from Orange County (District 70), introduced the bill to ensure that the “Mendez case” is accurately included in the social history curriculum for fourth and eleventh graders and in ethnic studies courses. The Westminster School District issued a statement in support of the bill.
The plaintiffs, including Mexican-American parents such as the Mendez family, filed a lawsuit against four school districts in Orange County in 1945 because their children were denied entry to public schools and had to attend Mexican schools. In the 1920s, a large number of Mexican laborers were brought to work in Southern California citrus orchards, and California public schools did indeed enforce racial segregation against Mexican-Americans, as well as having “legal” racial segregation provisions for Asian and Native American students at the time.
Federal District Judge Paul McCormick ruled in 1946 that racial segregation against Mexican-Americans not only violated California law but also contravened the 14th Amendment of the U.S. Constitution, stating, “The primary requirement of the American public education system is social equality,” and “schools must be open to all children, regardless of their race.” The case was later appealed to the Ninth Circuit Court of Appeals, which upheld the original decision but on the grounds that California did not have segregation laws specifically for Mexican descent, rather than a violation of racial segregation policies.
Then-Governor Earl Warren supported Judge McCormick’s decision and worked to eliminate all forms of racial segregation in school campuses, making California the first state to outlaw school segregation. Seven years later, Warren became the Chief Justice of the U.S. Supreme Court and presided over the landmark case Brown v. Board of Education, which led to the nationwide prohibition of racial segregation in public schools.