A new bill that would forbid school districts in California from requiring teachers to notify parents about the identities of transgender pupils is being introduced by state lawmakers.
By a process known as a “gut-and-amend,” the proposal will be added to Assembly Bill 1955, which was presented earlier this year by Assemblyman Chris Ward (D-San Diego). This process replaces an existing bill with a whole new one.
The SAFETY Act, also known as the “Support Academic Futures and Educators for Today’s Youth,” is a revised version of the bill that forbids school districts from implementing what Ward refers to as “forced outing polices,” or regulations requiring teachers to notify parents of their students’ gender identity or sexual orientation if the students are open about it in class.
Additionally, the law would safeguard staff members from reprisals if they reject to out a student and order the state’s Department of Education to provide materials to let parents and students have gender and sexual orientation conversations on their own terms.
In a press conference on Wednesday to announce the change, Ward stated, “Forced outing policies that require exposing students’ (identities) without their consent harm everyone — parents and guardians, families, school staff, but unnecessarily, students. It puts them at risk and removes the opportunity for families to build trust and have conversations on their own terms.”
The proposed bill codifies the state Department of Education’s current guidance on how districts should provide accommodations for LGBTQ+ students, especially those who identify as transgender or non-binary, in order to support their academic success while upholding their right to privacy.
But it comes amid escalating disputes over policy regarding whether or when parents should be told about the identification of an LGBTQ+ student, striking a balance between protecting the privacy of those who might feel uncomfortable coming out to their family and allowing parents to be involved in their child’s education.
Different approaches to the problem have been explored by school districts around the state, sparking debate and, in certain situations, legal action.
A few of these lawsuits have led to differing legal views of how schools are expected to handle student privacy issues; California judges have invalidated both “forced outing” and student privacy rules.
It coincides with the adoption of parental disclosure legislation by over a dozen school districts in the state, which are similar to laws passed in at least six states since 2020 and are characterized by supporters as detrimental to the health and safety of LGBTQ+ kids.
The majority of LGBTQ+ youth, according to research, do not live in families that they consider to be supportive of their identity.
Those who do, but are outed before they are ready, are more likely to experience homelessness, familial abuse, and suicide thoughts.
Schools are one of the most common locations for LGBTQ+ adolescents to access areas outside of their homes that validate who they are.
It coincides with the adoption of parental disclosure legislation by over a dozen school districts in the state, which are similar to laws passed in at least six states since 2020 and are characterized by supporters as detrimental to the health and safety of LGBTQ+ kids.
The majority of LGBTQ+ youth, according to research, do not live in families that they consider to be supportive of their identity.
Those who do, but are outed before they are ready, are more likely to experience homelessness, familial abuse, and suicide thoughts.
Schools are one of the most common locations for LGBTQ+ adolescents to access areas outside of their homes that validate who they are.
According to a 2021 study conducted by The Trevor Project, about 50% of LGBTQ+ kids stated that school provided them with a safe space to be who they truly are.
Kai, an LGBTQ+ young person from the Northern California area, stated at the news conference on Wednesday, “Had I not had a single supportive adult in my life, I never would have been able to find the strength to come out to my family, or to teach them what I had learned about who I am on my own.”
Kai felt comfortable confiding in his teacher about his gender identification, who served as that supporting adult in his life. He claimed he “asked she show the discretion I needed to feel safe and she did,” but he was still worried about his parents’ reaction.
“Having a trusted adult is paramount to making sure a queer kid makes it to their next birthday,” Kai continued. “Without my teacher, I would not be here today. Please don’t let another child endure the consequences of that support system being taken away due to forced outing policies.”
The Senate Education Committee, which previously considered the SAFETY Act prior to its revision, will now hear the new version of the measure. Before reaching the governor’s desk, the Assembly will review it once more if the entire Senate approves it.
