What the new California law on LGBTQ+ student privacy means for San Diego schools

SAN DIEGO (FOX 5/KUSI) — With Gov. Gavin Newsom's signing of a bill barring school districts from enacting polices requiring teachers to inform parents of pronoun changes in the classroom, some San Diego-area schools that have implemented these policies are now wondering what the new law means for them.

Lakeside Union School District, whose board passed a "Parental Bill of Rights" in May with the stated goal of increasing transparency between parents and teachers, has been thrust into a legal gray area between local policy and what is now state law.

Assembly Bill 1955, which is known as the "SAFETY Act" and was authored by State Asm. Chris Ward (D-San Diego), would prevent schools from requiring teachers to disclose a student's sexual orientation or changes to their gender identity to parents without the child's permission.

Proponents of the measure argue preventing what they describe as the "forced outing" of students helps keep those who live in unwelcoming households safe, while protecting teachers and staff from retaliation if they refuse to comply with a parental disclosure policy.

“I know what it’s like to face coming out, I know what it’s like to have others target you, question you, or deny you,” Ward said. “We told trans youth that fell under attack that we had their back and we meant it."

Opponents, however, argue the law is an overreach, circumventing parents' rights to determine how their child is raised.

“I was honestly surprised that Governor Newsom decided to sign this because this really is just a boldface attack on parents,” said Scott Davison, a parent from Sage Creek High School and director of the Carlsbad Education Alliance. “Our concern is that the state of California, and many of these school districts, think that they know better than parents."

Lakeside Union is one of a handful of districts across the state that have already opted to implement policies aimed at bolstering a parent's right to be involved in their child's education over their student's right to privacy.

One of the more controversial aspects of the "Parental Bill of Rights" was language to notify parents of a transgender or non-binary students' use of their preferred pronouns and name at school.

“Clearly the true intent is to force the schools to 'out' children to their parents before they are ready,” said Nancy Culver, who voiced opposition to this aspect of the "Parental Bill of Rights," at a Lakeside Union meeting back in June intended to iron out the details of the district's policy.

The policy also reiterates laws that give parents the right to restrict children from accessing certain books or lessons.

“Either the state is going to challenge some of these school districts’ parental notification policies, or it could be that a new school district may try to affirmatively pass a new parental notification policy to challenge this new law,” Davison said.

There is already an ongoing federal lawsuit within the county over an Escondido school district privacy policy similar to the "SAFETY Act." The lawsuit, which was brought by two teachers and has been expanded to include Lakeside Union, resulted in a ruling temporarily halting enforcement of the policy. It is unclear how the new law will impact the case.

Lakeside Union School District Board’s president, Andrew Hayes, responded to the passing of the bill in a statement:

"AB 1955 does not change the fact that parents have a fundamental right to be involved in their kids’ education which is the focus of the Parents Bill of Rights. While Sacramento politicians are working overtime to keep secrets from parents about their minor children and avoiding transparency in our kids’ classrooms, I’m committed to fighting for common sense and safeguarding the rights of parents to play an active role in shaping their children's educational experiences. I’ll ensure that work will continue in Lakeside with the important transparency provisions of our Parents Bill of Rights related to student mental health, student safety, and student achievement." Andrew Hayes, Lakeside Union School District President 

FOX 5/KUSI's Danielle Dawson contributed to this report.