State Senate passes Chris Ward’s bill banning schools from disclosing students to parents

School districts in California could no longer require teachers to notify parents if their child comes out at school, under a bill the state legislature is considering amid legal battles over the rights of parents and gender nonconforming students.

The state Senate last week approved Bill 1955, introduced by San Diego Assemblyman Chris Ward and passed by the lower chamber in April.

The bill would prohibit school districts from adopting or enforcing policies that require school personnel to disclose a student’s gender identity or sexual orientation to others without that student’s permission, with some exceptions. The goal is to protect students whose safety could be at risk if they live in inhospitable households.

The issue is personal for Kai, a transgender man who recently graduated from high school in the Rocklin Unified School District near Sacramento and was treated for suicide attempts before coming out. He confided in a teacher “who has shown dedication and empathy to all of her students,” Kai said at a news conference last month.

“A trusted adult is paramount in ensuring that a queer child lives to see their next birthday,” he said. “If you care about children, you will pass this legislation that protects their well-being and their lives.”

Lawmakers passed the bill on a bipartisan basis after more than an hour of emotional debate in which Democratic LGBTQ+ senators shared stories of delaying coming out to their parents or being outed by someone else. They argued that gender nonconforming students should have the opportunity to come out to their families on their own terms. But Republican lawmakers said the state should not dictate whether school districts can enforce so-called parent notification policies and that schools have an obligation to be transparent with parents.

It’s part of a national debate about local school districts and the rights of parents and LGBTQ+ students. States across the country have tried to ban gender-affirming care, exclude trans athletes from girls’ and women’s sports, and require schools to “out” trans and nonbinary students to their parents. Some lawmakers in other states have introduced bills in their legislatures that would broadly require parents to be informed of any change in their child’s emotional health or well-being.

Republican Senator Kelly Seyarto, who represents the Southern California state of Murrieta, said schools should be more transparent with parents by informing them about their child’s change in gender identity.

“Involving parents is the best way to turn people’s anger and frustration into a solution that works for everyone,” he said.

California authorities should not prevent all parents from being notified just because there is a possibility that some parents might react negatively, says Greg Burt, vice president of the California Family Council, a conservative Christian advocacy group.

“You don’t assume that all parents are insecure,” Burt said. “You shouldn’t assume that.”

The bill now goes back to the state Assembly with changes. If it passes again there, it will go to Governor Gavin Newsom, whose administration has been battling with school boards over notification policies.

The debate over these measures is being played out in court cases across the state.

In August, Attorney General Rob Bonta, a Democrat, sued the Chino Valley Unified School District over the district’s reporting requirement, arguing that it discriminates against gender nonconforming students. A judge temporarily blocked parts of the rule, and the district later updated the rule so that it now applies even when a child requests a change to their student records.

But in a case involving the Escondido Union School District in Southern California, a judge tentatively ruled that the district cannot reprimand teachers for informing parents of their child’s change in gender identity.

Lesbian state Senator Caroline Menjivar said on the Senate floor Thursday that she came out to her mother when Menjivar was 16.

“When I came home, literally all my stuff was on the front lawn because I had been kicked out,” said the Democrat, who represents the San Fernando Valley. “This is what happens when parents don’t accept queer children.”

Menjivar then went into hiding again so she could continue living at home, she said. It wasn’t until she was 25 that she came out to her mother again. Her mother still doesn’t accept it, said Menjivar, now 35.

“There are a lot of queer kids in California who have stories like this,” she said.

The Associated Press contributed to this article.