While AB 1955 does not apply to private schools in California, the legislation signed into law on July 15 has created a stir across the state with ripples of commentary across the nation.
The Chino Valley Unified School District and a group of parents have filed a lawsuit against California concerning parental notification rights for transgender students undergoing social transitions at school.
Governor Gavin Newsom signed Assembly Bill 1955 into law on July 15, which prohibits schools from disclosing information about a student's gender identity or expression without their consent. The law is scheduled to take effect on January 1, 2025.
In their lawsuit, filed on Tuesday, the plaintiffs argue that AB 1955 violates parental rights under the First and 14th Amendments, as well as the Family Educational Rights and Privacy Act (FERPA). They have petitioned the US District Court for the Eastern District of California for an injunction to prevent enforcement of the law.
The plaintiffs contend that decisions involving pronoun use and facilitating a social transition are significant matters affecting a child's health and well-being, which necessitate parental involvement. They assert that social transitioning, involving changes in name or pronouns, is aimed at alleviating psychological distress linked to gender identity mismatches.
According to Izzy Gardon, Director of Communications for Governor Newsom, the lawsuit is characterized as lacking legitimate legal claims and being fundamentally unserious. Gardon maintains that AB 1955 preserves the parent-child relationship, ensuring minors cannot legally change their name or gender without parental consent, and guarantees parental access to educational records as mandated by California law and federal statutes.
The complaint argues that policies requiring parental notification uphold the trust parents place in school districts. Conversely, AB 1955 is criticized for disrupting the traditional roles of students, parents, and teachers.
The lawsuit asserts that AB 1955 violates the 14th Amendment's due process rights of parents to decide on their child's care and custody. It also alleges infringement on the free exercise of religion for Christian parents who adhere to beliefs in immutable genders.
Additionally, the complaint contends that AB 1955 conflicts with FERPA, which governs the exchange of information between schools and parents regarding a student's records. It asserts that any record related to a child's gender transition falls within FERPA's jurisdiction, thus preempting the provisions of AB 1955.
The Chino Valley Unified School District seeks a court order declaring AB 1955 unconstitutional to avoid potential legal liabilities and ensure compliance with federal law.
The Liberty Justice Center is representing the school district and the parents in the case titled Chino Unified Sch. Dist. v. Newsom, E.D. Cal., No. 2:24-at-00893, with the complaint filed on July 16, 2024.