A social media discussion about a new law on trans student privacy raised questions about what the gender identity legislation does and doesn’t do.
Let me explain: On July 15, Gov. Gavin Newsom signed a new law that prevents school districts from forcing teachers to tell parents if a student changes their gender, name or pronouns. The SAFETY (Support Academic Futures and Educators for Today’s Youth) Act was introduced by Assemblymbember Chris Ward, D-San Diego.
The day after it passed our editor, Scott Lewis, pointed out that the law regulates school policies, but not teachers’ individual judgment calls. That’s what some people were arguing online.
“The new law doesn’t prohibit educators from saying anything,” he wrote “It prohibits policies requiring them to.”
Some readers argued that parents have a right to know about their children’s gender identity under any circumstances.
Others noted that while the law stops school districts from requiring parental notification of trans students, it doesn’t outlaw policies forbidding teachers from sharing students’ gender identities with their parents.
Because of the confusion and a suite of conflicting lawsuits on the subject, I set out to explain what the law does and doesn’t do. You can read my full story here, but here’s what you need to know.
When it goes into effect Jan. 1 it will ban school districts, charter schools and other public education institutions from requiring teachers to disclose students’ gender identity or sexual orientation to anyone without the students’ consent. That’s already defined in state education code and Ward said the law enforces students’ rights to privacy.
But does the law restrict teachers from using their own discretion about when to bring parents into the loop?
There’s no language in the law that spells that out, but Ward said it depends on the situation. If a student is in distress, at risk of self-harm or experiencing academic problems, he said a teacher “may consider casting a wider net, bringing in parents or others.”
But if a teenager is questioning their gender, “that does not necessarily mean that they are on a destructive or downward path. You have to use some of their own common sense in how you’re dealing with teenagers.”
How we got here: AB 1955 was introduced as what’s called a “gut-and-amend” bill, in which a bill’s author removes its content entirely and replaces it with a new proposal. The original version was a general bill aimed at student mental health, which passed the Assembly in April.
In May, Ward swapped out that language for measures that assure privacy rights for trans students, add protections for teachers who don’t notify parents, and call for more resources to help LGBTQ students and their families. The new version of the bill passed the state Senate in June and Gov. Gavin Newsom signed it last month.
The law’s text states that schools can’t pass policies that force teachers to disclose information about trans or other LBGTQ students, but doesn’t specify what individual teachers can do. That’s part of the confusion.
What it Means for Clashing Lawsuits Against Southern California School Districts
At least two suits are challenging policies by Temecula Valley and Chino Hills school districts requiring teachers to inform parents if a student changes their gender, which plaintiffs say intrude on students’ rights to privacy.
At least one takes the opposite position, contending that an Escondido Union School District policy illegally forced middle school teachers to conceal students’ gender transitions from parents, violating the teachers’ religious beliefs and the parents’ right to information about their own children.
After Ward’s bill passed, the Liberty Justice Center, a conservative nonprofit law firm, sued the state over the SAFETY law, arguing that “School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school.”
Newsom’s press office dismissed the action as “a deeply unserious lawsuit seemingly designed to stoke the dumpster fire” over trans students’ rights.
Amid the legal crossfire, it’s unclear how the lawsuits will resolve. In the meantime, it appears teachers will be left to their own best judgment on what to share with parents.
That’s what one reader suggested in the social media discussion with Lewis: “Perhaps train and trust educators to make quality, custom decisions on these types of situations.”
In Related News the San Diego City Council unanimously declared August Transgender History Month. The designation honors a pivotal event in 1966, when trans women and drag queens protested police harassment in San Francisco, three years before the Stonewall Uprising in New York put LGBTQ activism on the map.
“With the rise in anti-trans hate and bigotry, I want our trans community to know that I see you, I respect you, and I love you, as does this entire Council,” Councilmember Jennifer Campbell said.
Newsom Pushes Counties to Enforce Treatment for Mental Illness or Addiction
Gov. Gavin Newsom is turning up the pressure on California counties to enforce a new law that makes it easier to compel people with severe mental illness or drug and alcohol addiction to get treatment.
The behavioral health law, SB43 expands the definition of who is considered gravely disabled, to include not only people with mental health disorders, but also those with severe substance use disorders, who are unable to take care of their personal safety or medical care.
The bill passed last year, but counties have until January, 2026 to put the new rules in place. Most counties, including San Diego County, have punted. In December, the Board of Supervisors decided in a split vote to put off implementing the law. County officials worried that the new law would flood emergency rooms with patients without a corresponding increase in treatment options, our Lisa Halverstadt reported.
But Newsom is losing patience with the delay, and sent a letter to all of California’s boards of supervisors urging them to immediately expand conservatorship laws, saying he was disappointed with the lack of action.
San Diego Mayor Todd Gloria quickly sided with Newsom, stating “The time for counties to act is now — and I could not agree more.”
The Sacramento Report runs every Friday and is part of a partnership with CalMatters. Do you have tips, ideas or questions? Send them to me at deborah@voiceofsandiego.org.