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Why One Lawyer Worries California’s Student-Gender Policies Create a Dangerous Environment of Secrecy

Will Swaim

President

Will Swaim
September 22, 2023

Why One Lawyer Worries California’s Student-Gender Policies Create a Dangerous Environment of Secrecy

‘You need a policy where children aren’t told to keep secrets from their parents or other caregivers,’ he says.

Since late July, six California school districts have adopted a transparency policy that has state officials wigging out.

On its face, the parent-notification push at the local level would seem unnecessary, embedded as it is in state and federal law and ancient practice that parents are the primary authority in the lives of their children. That acknowledged, the six school districts have said teachers must notify parents before guiding their children through controversial gender-transitioning. Specifically, school officials have 72 hours to notify parents in writing if children ask to change their names or pronouns or use school facilities such as bathrooms or locker rooms that don’t match the sex they were assigned at birth.

The state sees that as a catastrophe. In announcing California v. Chino Valley Unified School District, state attorney general Rob Bonta put California’s case this way: Parent notification “places transgender and gender nonconforming students in danger of imminent, irreparable harm from the consequences of forced disclosures.” “These students are currently under threat of being outed to their parents or guardians against their express wishes and will,” he added.

State Superintendent of Public Instruction Tony Thurmond echoed Bonta’s claims, declaring that the parent-notification policy “may not only fall outside of privacy laws but may put our students at risk.” Hyperventilating reporters routinely claim that the policy would result in the “forced outing” of “at-risk youth.” One story featured UCLA law professor Jody Herman, who said that parent notification “gambles” with children’s lives. Leaders of the California Teachers Association have used Bonta’s legal filing as a license to flout local policies and conduct business as usual. They’re telling California’s 315,000 teachers that law and public safety allow — indeed, require — them to ignore the parent-notification policy.

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