Marin educators in line with school transgender notification ban

Marin educators say they are in step with a new law to preserve a student’s right to gender identity privacy.

Assembly Bill 1955, signed into law by Gov. Gavin Newsom on July 15, created the “Safety Act.” The legislation is the first in the nation to stop school districts from notifying parents if their child starts using different pronouns or identifies as a different gender.

“I do support Newsom’s ‘Safety Act’ and its intent to preserve what is already in law regarding a student’s right to gender identity privacy,” John Carroll, Marin superintendent of schools, said in an email.

“My hope for all students is that they feel safe talking to their parents and caregivers about their identity,” he said. “And when that is not the case, the student can have confidence that their school will not disclose their gender identity to their parents or caregivers without their permission.”

Carroll said the issue has not resulted in any incidents in Marin, and he has not heard any opposition from parents locally.

Both Tara Taupier, superintendent of the Tamalpais Union High School District, and Tracy Smith, superintendent of Novato Unified School District, said their policies are already in compliance.

“As for the new law recently passed called the Safety Act, I have not heard of any related issues in our school community,” Smith said in an email.

Taupier said: “The Tam District’s practices are in alignment with Gov. Newsom’s bill.”

The governor’s signing of AB 1955 was applauded by supporters such as state Sen. Susan Eggman, chair of the California Legislative LGBTQ Caucus.

“Today is a great day for California,” Eggman said. “The governor’s signature on AB 1955, a first-in-the-nation policy, reaffirms California’s position as a leader and safe haven for LGBTQ+ youth everywhere.”

The bill makes California the first state to explicitly prohibit what critics called “forced outing” policies that some school districts adopted, requiring that they notify parents when students request to use a different name or pronoun than what’s on their birth certificate or school records — regardless of the student’s consent.

The bill will also provide additional resources for parents and students to discuss gender and identity and will protect teachers and school staff from retaliation for refusing to share a student’s gender and identity.

Critics decried the law as an infringement of parents’ rights.

“To our governor & the CA LGBTQ Caucus: you don’t have the authority to strip parents of their rights,” Gays Against Groomers California, which opposed the law, posted on X.

According to the Movement Advancement Project, a nonprofit think tank and equality advocate, eight states — Idaho, North Dakota, Iowa, Indiana, Tennessee, North Carolina, South Carolina and Alabama — have passed laws requiring school staff to forcibly “out” transgender students. Five other states — Montana, Utah, Arizona, Kentucky and Florida — have passed legislation promoting forced outing policies in schools.

In January, California Attorney General Rob Bonta issued a legal alert to California school districts warning them against such policies, which he said violate the California Constitution and state laws safeguarding students’ civil rights.

The Chino Valley Unified School District, which was sued by Bonta last year over its notification policies, was represented by the Liberty Justice Center. The center issued a statement after the bill signing.

“Parents have a right to know what their own minor children are doing at school — and school officials have no right to keep secrets from parents,” the center’s president, Jacob Huebert, said in the statement. “That’s true now, and it will still be true if the state passes this bill. We will continue to stand with parents and the school districts that want to respect their rights — and we’ll continue to represent them free of charge, at no cost to taxpayers.”

In addition to the Chino Valley district, other opponents include Moms for Liberty Santa Clara County and 16 Republican assembly members. The Rocklin Unified School District in Placer County also faced backlash from the state over its parental notification policy, which passed in 2023.

Bay Area school districts are mostly in line with the Safety Act. The San Francisco Unified School District already has a policy in place that prohibits teachers and school staff from disclosing a student’s gender or sexual identity without the student’s written consent.

Other supporters include state Superintendent of Instruction Tony Thurmond, the LGBTQ+ advocacy nonprofit the Trevor Project, the California School Employees Association and the California Teachers Association.

“This historic legislation will strengthen existing protections against forced outing and allow educators to continue to create a safe learning environment where all students feel accepted, nurtured, and encouraged to pursue their dreams,” said David Goldberg, president of the California Teachers Association.

Bay Area News Group contributed to this report.