“It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s wellbeing from parents and guardians,” Education Secretary Linda McMahon said in a statement.
Democratic Gov. Gavin Newsom’s office defended the law, saying parents still have the right to access their child’s education records.Read more: President Donald Trump signs an executive order calling for the elimination of the US Education Department
“If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed,” Newsom spokesperson Elana Ross said in a statement, referencing Trump’s plans to dismantle the agency.
Now, the Education Department says it could take away funding if it determines California’s school gender-identity law violates federal rules.
It bans school districts from adopting or enforcing rules that require staff to disclose information about a student’s sexual orientation, gender identity, or gender expression to any other person without the child’s consent, unless otherwise required by law. That means if a student wants to use different pronouns, the school can’t force teachers to tell the students’ parents. It does not prohibit teachers and school staff from choosing to share that information with parents.
Newsom signed the law last year, making California the first state to enact such a policy. It took effect Jan. 1.
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The law also requires the state education department to develop resources to support LGBTQ+ students and their families.
A nationwide battle is underway over transgender rights, with some states imposing bans on gender-affirming care, barring trans athletes from girls and women’s sports, and requiring schools to share students’ gender identity with parents without the students’ consent.
Republican Assemblymember Bill Essayli introduced a bill in 2023 that would have required schools to notify parents within three days of a school employee becoming aware of a child’s pronoun change.
Lawmakers in the Democratic-dominated Legislature blocked the bill from receiving a hearing, so school boards started to take up the issue and pass so-called parental notification policies of their own. The state started a legal battle with Chino Valley Unified School District, one of the first districts to enact such a rule, arguing the policy violated the rights of students and put the well-being of transgender children at risk.Read more: Trump vows to end ‘socially engineering race and gender’ in inaugural address
The district later updated its rule to remove any mention of gender identification and require staff broadly to notify parents of any request their child makes for a change to their records.
Democratic Assemblymember Chris Ward, chair of the legislative LGBTQ+ caucus, introduced the bill largely in response to the school district policies. It passed on party lines.
The goal is to protect the privacy of students, some of whom may live in unaccepting households and are not ready to tell their parents, backers say. Teachers should not be required to get involved in family discussions about a student’s gender identity, they argue.
“Requiring governmental school officials to expose them without their consent runs afoul of the US Constitution,” Ward said in a statement, calling such policies “immorally invasive.”
David Goldberg, president of the California Teachers Association, said the law helps ensure students have a safe and supportive learning environment.
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Critics of the law say parents should be able to know if their child changes their gender identification at school. Chino Valley Unified sued the state over the policy, arguing it violated parents’ rights under the U.S. Constitution.
“I would like to get very clear guidance to school districts that they absolutely should not have policies keeping secrets from parents,” said Jonathan Zachreson, a Roseville City School District board member.
The Trump administration said children are at risk of falling victim to “radical transgender ideology” and medical interventions.
Trump set the tone on his administration’s stance on issues affecting transgender and nonbinary people during his first days back in office. He signed executive orders to restrict gender-affirming care for minors and transgender athletes’ participation in girls sports.
Newsom has also been in the spotlight for his position on trans rights after he said on his podcast that transgender athletes’ participation in girls sports was unfair. California has a state law, signed in 2013 by then-Gov. Jerry Brown, allowing students to participate on a sex-segregated sports team that aligns with their gender identity, regardless of the gender listed on the student’s records. A Republican bill seeks to reverse it; Newsom hasn’t taken a position.
The Trump administration also sent a letter Thursday requesting the state to submit curricula and materials from a sexual health education program that receives federal funding. The U.S. Department of Health and Human Services will review whether the materials are “medically accurate” and “age-appropriate”, the letter said.
