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California officials said they won’t back down from a state law that protects the privacy of transgender students, despite the Trump administration’s threat today to withhold federal funding over the issue.
“Our students must be safe in order to learn,” said state Superintendent of Public Instruction Tony Thurmond. “I have heard from so many students and families whose safety has been impacted by forced outing policies. To our LGBTQ+ youth and families, I want to make sure that you hear us as loudly as we hear you: You are heard, you are protected, and you are loved.”
The U.S. Department of Education said it would investigate California for allegedly violating parents’ right to view student records under the Family Educational Rights Privacy Act, based on a new state law that prohibits schools from requiring staff to notify parents if a student identifies as transgender.
Protecting LGBTQ students at school
The purpose of the law , AB 1955, is to protect students who might be “out” at school, but not at home. It’s also intended to protect teachers from becoming “gender police” who risk violating school policy if they don’t inform parents of students’ gender identity.
Ultimately, the law aims to help transgender students feel safe at school. Students who identify as LGBTQ are more likely to be harassed or bullied at school, which can lead to higher absenteeism, depression and other challenges, according to the Trevor Project, which advocates for LGBTQ youth.
California’s law came in response to a half-dozen school districts adopting policies in the past few years requiring staff to inform parents if a student identifies as a gender other than what they were assigned at birth. The rationale is that parents have a right to know if their child is undergoing a major change in their life and may need support.
California K-12 schools received about $10 billion from the federal government last year, less than 10% of the overall K-12 budget. The main programs that receive federal funding are special education and Title I, which allotts extra money to schools with high numbers of low-income students.
‘The hammer is coming down’
Advocates for the parental notification policies were cheering today’s federal move.
“The hammer is coming down,” said Sonja Shaw, president of the Chino Valley Unified School District, among the first districts to adopt such a policy. “Parents have an undeniable right to know what’s happening with their children, and we will not let (California Governor) Newsom and his bureaucrats cover it up. … This is just the beginning. We will not stop.”
In 2023 California sued Shaw’s district and won a permanent injunction that stopped the district from enforcing its policy. In July, Newsom signed the bill banning the practice statewide. In addition to Chino Valley, schools districts in Temecula, Roseville, Rocklin and Anderson had also passed parental notification policies.
On Thursday, California officials said the state law doesn’t violate federal privacy laws because it doesn’t actually stop school staff from discussing students’ gender identity with parents — it only stops schools from requiring staff to bring up the subject with parents. The law also doesn’t stop parents from viewing students’ written school records.
Advocates for LGBTQ students called the Trump administration’s move “shameful” and a waste of money.
“LGBTQ+ youth and their families deserve to have sensitive conversations on their own terms and in a way that ensures students feel safe and supported at school,” said Tony Hoang, executive director of Equity California. “It is shameful that (the Trump administration) would rather see families struggle and students with disabilities go without resources than uphold the basic rights of students.”
