California Law Stops Schools from Outing Trans Students
The law is a response to parental notification policies requiring teachers to inform on students who are transgender.
California Gov. Gavin Newsom signed a bill prohibiting school districts from requiring teachers and administrators to notify parents if a child requests to be addressed by a different name or pronouns, or to access a bathroom or school activities that do not align with their assigned sex at birth.
The Support Academic Futures & Educators for Today’s Youth (SAFETY) Act was sponsored by Assemblymember Chris Ward (D-San Diego) and the California Legislative LGBTQ Caucus.
It was proposed in response to policies passed in several districts in conservative-leaning areas of the state.
Under those policies, school personnel were required to inform on transgender and nonbinary students to their parents if a student either “came out” to a teacher or administrator or asked for various accommodations based on their transgender or nonbinary identity.
Proponents of the policies argued that it was important to keep parents informed about decisions made regarding their children and that not having parental notification policies in place would make school districts more vulnerable to lawsuits.
But LGBTQ advocates argued that outing students against their will, or before they’re comfortable coming out more publicly, might heighten their feelings of isolation, depression, or suicidal ideation. It could also lead them to be bullied, harassed, or discriminated against because of their identity or failure to adhere to sex stereotypes.
Advocates have also voiced concern that in some homes where parents hold anti-LGBTQ views, “outing” students could result in emotional or even physical abuse.
With Newsom signing the bill into law, California becomes the first state to bar school officials from requiring parental notification when a student comes out as transgender, nonbinary, or gender-nonconforming.
The law will officially take effect on January 1, 2025, provided that it is not blocked by the courts in response to any lawsuits challenging its constitutionality, reports the Sacramento Bee.
California Attorney General Rob Bonta is currently embroiled in a lawsuit against the Chino Valley Unified School District for passing a forced outing policy.
Bonta sued the district last August, saying the policy violates students’ civil and constitutional rights under California law. In October, a San Bernardino County Superior Court judge issued a preliminary injunction blocking the district from enforcing the policy.
In March, the Chino Valley Board of Education rescinded the forced outing policy, but its members have defended their actions publicly, leading Bonta to presume that the board is hoping to revive the policy in the future.
Bonta has requested a final judgment, asking the court to declare that forced outing policies are discriminatory and violate the state’s civil rights laws — which would prevent Chino Valley, as well as other school districts, from seeking to revive such policies.
“Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,” Ward, the law’s chief sponsor, said in a statement.
“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family. As a parent, I urge all parents to talk to their children, listen to them, and love them unconditionally for who they are.”
Besides prohibiting school districts from outing LGBTQ youth against their will, the law provides resources for parents and students to have private conversations about gender and identity, and protects teachers from retaliation for not informing on students.
Jonathan Zachreson, a California-based “parental rights” activist and member of the Roseville City School Board, who opposes the law, told NBC Los Angeles that keeping parents informed about issues affecting their children is “critical to the well-being of children and for maintaining that trust between schools and parents.”
At least eight states have enacted statewide “forced outing” bills, and five others have passed legislation encouraging school districts to adopt expanded parental notification policies, as part of a flood of anti-LGBTQ legislation being championed in Republican-led states.
According to a 2024 survey by The Trevor Project, 54% of transgender and nonbinary youth felt their schools were gender-affirming, and those who did experienced lower rates of suicidal ideation.
“With the Governor’s signature, our state becomes the first in the country to ensure protections against forced outing in school are clearly enshrined in statute,” said Becca Cramer-Mowder, of ACLU California Action. “LGBTQ+ students and their families deserve to decide on their own terms when and how to have conversations about coming out.”
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