Forced 'Outing' Of LGBTQ+ Students Banned In California

CALIFORNIA — All California school districts are now banned from adopting "parental notification policies" that force teachers and staff to notify parents when students adopt gender identities that differ from those assigned at birth.

The Support Academic Futures & Educators for Today’s Youth (SAFETY) Act, otherwise known as Assembly Bill 1955, was signed into law Monday by Gov. Gavin Newsom.

Assemblymember Chris Ward (D-San Diego) introduced the legislation in response to copycat "outing" policies adopted in several school districts, including in Orange, Placer, Riverside, and San Bernardino counties. Since 2023, over a dozen school districts have proposed or implemented policies requiring teachers/staff to inform parents if their child identifies as transgender or requests to be identified by a different name or pronoun at school.

"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 said Monday following the bill's signing. "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."

The forced notification policies have divided the communities in which they were adopted. The Chino Valley Unified School District in San Bernardino County was the first in California to implement the action. Passed by the CVUSD governing board last July, copycat policies quickly followed in Riverside County's Murrieta Valley Unified School District and Temecula Valley Unified School District, Shasta County's Anderson Union High School District, and others.

The policies led to protests, raucous school board meetings, the recall of at least one governing school board member, and legal challenges.

In a lawsuit filed Aug. 28, California Attorney General Rob Bonta argued the CVUSD policy infringed on several state protections safeguarding students’ civil and constitutional rights. The lawsuit also alleges the policy puts transgender and gender-nonconforming students in danger of "imminent, irreparable harm from the consequences of forced disclosures."

"These students are currently under threat of being outed to their parents against their will, and many fear that the district’s policy will force them to make a choice: either 'walk back' their constitutionally and statutorily protected rights to gender identity and gender expression, or face the risk of emotional, physical, and psychological harm," Bonta said. "The board’s policy thus unlawfully singles out and discriminates against transgender and gender nonbinary students, subjecting them to disparate treatment and harassment, including mental, emotional, and even physical abuse."

Ward argues schools should be safe sanctuaries for all students. He cited a 2024 Trevor Project survey that showed less than 40% of transgender and nonbinary youth find their homes to be LGBTQ-affirming. Conversely, more than half of transgender and nonbinary students reported that their schools are gender-affirming, correlating with lower suicide attempt rates.

The parental notification policies significantly impact the mental health of LGBTQ+ students, and can lead to instances of bullying, harassment, and discrimination, according to Ward and a Los Angeles Times report.

In addition to prohibiting school districts from enacting forced parental notification policies, the SAFETY Act also mandates that districts provide resources for parents and students to manage conversations about gender and identity. The Act also protects teachers and staff from retaliation if they refuse to forcibly out a student.

Since 2020, eight states have enacted laws mandating school staff to forcibly out transgender students, while five others have passed legislation encouraging such actions. California is the first state to prohibit the policies, according to Ward.

"Today is a great day for California,” California Legislative LGBTQ Caucus Chair Susan Eggman said Monday. "With the Governor’s signature on AB 1955, a first-in-the-nation policy reaffirms California’s position as a leader and safe haven for LGBTQ+ youth everywhere."

The new law is expected to receive pushback from some quarters.

Last year, California Assemblymember Bill Essayli (R-Corona) introduced AB 1314, a bill requiring public schools to notify parents if children identify as a gender that does not align with the sex listed on their birth certificates. On Monday, Essayli posted to X, promising to challenge AB 1955.

"Today, Governor Gavin Newsom defied parents' constitutional and God-given right to raise their children by signing #AB1955 which codifies the government's authority to keep secrets from parents. #AB1955 endangers children by excluding parents from important matters impacting their child's health and welfare at school," he said.

"Governor Newsom signing #AB1955 is both immoral and unconstitutional and we will challenge it in court to stop the government from keeping secrets from parents," he continued.

The conservative think tank California Policy Center said Tuesday that AB 1955 "instructs school officials to lie to parents if their child changes their gender, name or pronouns at school."

"We are disappointed to see Gov. Gavin Newsom sign Assembly Bill 1955, legislation that unconstitutionally abrogates parental rights,” said Lance Christensen, vice president of education policy and government affairs at California Policy Center. "Public schools are meant to support — not subvert — parents in their efforts to educate their children."