FREQUENTLY ASKED QUESTIONS ABOUT AB1955

by Erin Friday of Our Duty

Does AB1955 require school personnel to deceive or hide from parents their student has adopted a transgender identity?

No, not on its own. AB1955 bars any school board from adopting a board policy that requires that parents/guardians be informed that their student has adopted a transgender identity, is same-sex attracted or is gender non-conforming. (The latter two are red-herrings. Notification policies only address trans-identified students.) AB1955 does not otherwise bar school personnel from disclosing this information.

Can school personnel inform parents that their student has adopted a transgender identity?

Yes, BUT … If your school district has adopted the standard Board Policy 5145.3 and its related Administrative Regulations, it states, in relevant part: “Acts of … hostility … based upon … gender identity, … where the act has the purpose or effect of having a negative impact on the student’s academic performance or of creating an intimidating, hostile, or offensive educational environment are prohibited under state and federal law. Examples of types of conduct which is prohibited in the district and which may(1) constitute gender-based harassment, include but is not limited to: . . .

5. Revealing a student’s transgender status to individuals who do not have a legitimate need for the information.” (AR 5145.3)(Emphasis added.)

If you as school personnel believe that parents/guardians have a legitimate need to know that their child is rejecting their natural body, then under AR5145.3, you can inform the parents. That legitimate need is clearly demonstrated by California’s Attorney General Rob Bonta in his complaint against Chino Valley, that stated 86% of trans-identified youth have suicidal ideation and 56% have attempted suicide. The California legislature in 2023 in AB665, stated that 78% of LGBTQ youth have contemplated suicide.

For parents, if your school has adopted the full version of AR5145.3, you will be likely deceived by the school.

(1) The word “may” means “might”, not “will”.

It is notable that teacher Jessica Tapia whose school had the full version of AR5145.3 received $360,000 in a settlement.

Of course, if there is no AR5145.3 or if does not have the “transgender” section, no policy inclusive of AB1955 preclude a teacher from informing parents.

Will I violate the student’s right to privacy by involving the parents/guardians? What about the Right to Privacy section in AR 5145.3?

No. The judge in the Mirabelli case, ruled in the preliminary injunction that there is no applicable privacy right between parent and child. Additionally, under AB5145.3 the District is permitted to disclose to parents if it has a compelling evidence that “disclosure is necessary to preserve the student’s physical or mental well-being.” No medical society recommends that a child socially transition without parental input; even the loathsome transgender advocacy group, the World Professional Association of Transgender Health. Involving parents with their child who elevated suicide risk is necessary to preserve the student’s well-being.2 If you are a District employee, per AR 5145.3, you are required to inform the compliance officer if the student gives you permission, but there is no prohibition to inform the parents under the Right to Privacy section in form AR 5145.3.

What if your District does not have the section on “Transgender and Gender-Nonconforming Students” in its AR 5145.3 or AR 5145.3?

Confirm there is no other board policy that addresses notifying parents. Unless you have a confidentiality obligation as a school counselor, you can inform the parents.

What about if the training that I am required to receive instructs that I cannot tell the parents of their student’s struggle with gender dysphoria without the student’s consent?

Training is not a school board policy. If you are asked to sign an agreement to abide by training that requires deceiving parents, seek some legal counsel BEFORE you sign.

What should a teacher/District employee do if the parent asks if their student has adopted a transgender identity, is using a different name or pronouns that don’t align with his/her sex?

Under the Education Code section 89535, teachers – even tenured ones - can be terminated for dishonesty. Regardless of if your District has adopted AR5145.3, you can disclose this information because you are aware of the heightened suicide risk of students who adopt a transgender identity, as this state’s Attorney General has stated.

As a school counselor, can I disclose a student’s transgender identity to the parents?

(2) The language of the AR 5145.3 policy calls this part of the policy, “guidance,” arguably turning the instructions into suggestions, rather than mandated policy directives.

Yes. If the student is under the age of 12 there is no confidentiality. If the student is 12 and older, you must access if a clear and present danger exists to the child in disclosing the information to the parents. If there is, then you cannot disclose. But if there is no clear and present danger of the parents to the child, but there is a clear and present danger to the child because of the heightened suicide risk, then you must disclose.

Are there risks if I notify the parents?

Yes. The District can discipline, suspend or terminate you. You could be named in a lawsuit, but there is strong likelihood that your union insurance will cover claim, or that the school will be the defendant, and not you. There are a number of law firms that may take your case pro bono. As stated above, you have defenses – e.g., there is legitimate need for the parents to know because of the heightened risk of suicide, First Amendment, obligation to be honest, and others.

What if I as a teacher just tell the principal, superintendent, school counselor or compliance offer?

Most likely the parents will never learn that their child is suffering from acute distress of their natural body – gender dysphoria, so you are not helping the child or the parents. Attorneys can help guide you.

Is there any way to overcome the Parental Notification Policy bar, and permit parents to control whether the school socially transitions their child?

Yes. School Board members who want more information, can email erin.friday@yahoo.com.

Read more about this topic in PERK resources.