LEGISLATION

Newsom signs bill to end parental notification policies at schools; opponents say fight is not over

DIANA LAMBERT AND MONICA VELEZ

PUBLISHED

JULY 17, 2024

A big crowd was on hand when the Murrieta Valley Unified School District board voted last August to mandate that parents be told if their child shows any indication at school of being transgender.

Credit: Mallika Seshadri / EdSource

A trailblazing state law prohibiting California school boards from passing resolutions that require teachers and school staff to notify parents if they believe a child is transgender isn’t likely to put an end to this polarizing issue. 

The Support Academic Futures and Educators for Today’s Youth, or SAFETY Act, was signed by Gov. Gavin Newsom on Monday. It will prohibit school districts from requiring staff to disclose to parents information related to a student’s sexual orientation or gender identity, and will protect school staff from retaliation if they refuse to notify parents of a child’s gender preference. The legislation, which will go into effect Jan. 1, also provides additional resources and support for LGBTQ+ students at junior high and high schools.

“California is the first state to pass a law explicitly prohibiting school districts from enacting forced outing policies in the nation,” said Mike Blount, spokesperson for the author of the bill, Assemblymember Chris Ward, D-San Diego.

The legislation was passed in response to the more than a dozen California school boards that proposed or passed parental notification policies in just over a year. The policies require school staff to inform parents if a child asks to use a name or pronoun different from the one assigned at birth, or if they engage in activities and use facilities designed for the opposite sex. At least seven California school districts passed the controversial policies, often after heated public debate.

First lawsuit filed

By Tuesday evening, the conservative nonprofit Liberty Justice Center said it had filed a lawsuit challenging the new law on behalf of Chino Valley Unified, which passed a parental notification policy last year.

“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” said Emily Rae, senior counsel at the Liberty Justice Center in a press release. “Parents are the legal guardians of their children, not Governor Newsom, Attorney General (Rob) Bonta, or Superintendent (Tony) Thurmond. We will continue to defend parents’ rights and children’s well-being by challenging invasive laws like AB 1955 in court, at no cost to taxpayers.”

Other opponents, including Assemblyman Bill Essayli, R-Riverside, indicated that the issue will be settled in court. He is “committed to challenging the bill in court, and he’s confident he’s on the right side constitutionally,” said Shawn Lewis, Essayli’s chief of staff. Essayli plans to work with a coalition of advocates to challenge the bill, Lewis said.

Election issue

Parental rights is the overarching issue for the Republican Party, but right now it is focused on the parental notification issue, Essayli said in an August interview with EdSource. “This is an issue we want to run on in 2024,” he said.

The newly passed legislation also resulted in a flurry of press releases and social media comments from opponents and supporters. Even Tesla CEO Elon Musk weighed in, calling the new law the “final straw” in his decision to move the headquarters for X, formerly known as Twitter, to Texas.

“I did make it clear to Governor Newsom about a year ago that laws of this nature would force families and companies to leave California to protect their children,” Musk wrote on X.

Proponents of the parental notification policies have said that parents have the right to know what is going on with their children at school and that minors do not have a right to privacy. Opponents say these policies could endanger already vulnerable students who should be able to decide when they want to come out to their parents.

Chino Valley Unified in San Bernardino County, Murrieta Valley Unified and Temecula Valley Unified in Riverside County, Orange Unified in Orange County, Anderson Union High School District in Shasta County, and Rocklin Unified and Dry Creek Joint Elementary School District in Placer County are among the districts that have passed parental notification policies.

California’s parental notification board policies have their origin in Assembly Bill 1314, proposed by Essayli, which was denied a committee hearing at the state Capitol last year. After that, Essayli, parents’ rights groups and attorneys wrote a model board policy for school boards.

On Monday, Essayli released a statement about the new law: “Today, Governor Gavin Newsom defied parents’ constitutional and God-given right to raise their children by signing AB 1955 which codifies the government’s authority to keep secrets from parents,” he said. “AB 1955 endangers children by excluding parents from important matters impacting their child’s health and welfare at school. Governor Newsom signing AB 1955 is both immoral and unconstitutional, and we will challenge it in court to stop the government from keeping secrets from parents.”

Eight states have passed laws requiring school districts to inform parents if their children ask to use names or pronouns associated with another gender, according to the Movement Advancement Project.

LGBTQ+ rights threatened

School parental notification policies have impacted the mental health of LGBTQ+ students and can lead to bullying, harassment and discrimination, according to a press release from Ward’s office.

“Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,” said Ward, who introduced the legislation along with the California Legislative LGBTQ Caucus.

“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,” he said. “As a parent, I urge all parents to talk to their children, listen to them, and love them unconditionally for who they are.”

The California Teachers Association and its members have been major opponents of parental notification policies, saying that they drive a wedge between educators and students, and endanger already vulnerable students. Teachers working in districts with parental notification policies have worried they could lose their jobs if they do not comply with the district requirement or end up in court if they disobey federal and state laws and policies.

“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 California Teachers Association President David Goldberg.

“As educators, we are charged with providing a high-quality education to every student. No educator should experience retaliation or have their livelihood jeopardized for following the law and providing safe and supportive learning environments for our students.”

Policies spawn lawsuits

Attorney General Rob Bonta has said parental notification policies break California state law and violate students’ civil rights and their right to privacy. He issued warnings to districts and filed a lawsuit against Chino Valley Unified in San Bernardino County last year.

A lawsuit was also filed against Temecula Valley Unified by a coalition of students, teachers and parents who oppose the district’s parental notification policy, along with a policy that bans “critical race theory.”

California courts have had differing opinions. In San Diego, U.S. District Judge Roger Benitez last year ruled that Escondido Union School District violated parents’ rights when it followed California state policy and allowed students to decide whether to tell their parents they identify as transgender.

In Sacramento earlier that year, U.S. District Judge John Mendez dismissed a lawsuit against Chico Unified. The suit claimed that district policies allowed school staff “to socially transition” students and prohibited staff from informing parents of the change. Mendez said students have a right to tell their parents about their gender and sexuality on their own terms.

The new law will also require districts to provide support or affinity groups and safe spaces for LGBTQ+ students; anti-bullying and harassment policies and complaint procedures; counseling services; anti-bias or other training to support LGBTQ+ students and their families; suicide prevention policies and procedures; and access to community-based organizations to support LGBTQ+ students as well as local physical and mental health providers with experience in treating and supporting families of LGBTQ+ youth.

California Legislative LGBTQ Caucus Chair Susan Eggman said the legislation reaffirms California’s position as a leader and safe haven for LGBTQ+ youth.

“I am also deeply grateful for all the parents, teachers, youth, LGBTQ+ leaders, and so many other groups who came together to support this bill,” Eggman said. “Their support reaffirmed what this caucus already knew: Safe and supportive schools for all our children should be our top priority. And at the end of the day, that’s what this bill does, ensures our K-12 campuses remain safe and affirming places for our youth no matter how they identify.”

DISTANCE LEARNING

‘Looking at the whole child’: State leaders discuss ways to improve students’ mental health

MALLIKA SESHADRI

PUBLISHED

JULY 23, 2024

The pandemic, school closures and economic downturn are still leading to mental health challenges for students.

Alison Yin/EdSource

Bringing more mental health professionals onto campuses, training teachers and reducing negative stigmas surrounding mental illness are critical to students’ wellbeing, according to experts at Friday’s Select Committee on School Climate and Student Safety meeting. 

From kindergarteners to high school seniors, students across California are still struggling with mental health challenges in the aftermath of the Covid-19 pandemic — and districts across the state have come up with various strategies to provide support. 

“We need to shed light on the current state of student mental health, identify key challenges and explore potential solutions,” said State Senator Susan Rubio (D-Baldwin Park), who led the discussion. 

Mental health challenges

While most of society has moved on from the Covid-19 pandemic, a large proportion of students have not. 

“A lot of us —  not only children, but adults as well — we became a lot more isolated,” said Jonathan Wicks, a social worker at YWCA San Gabriel Valley, at Friday’s hearing. “Now that we’re all reintegrating back into social spaces, a lot of times, it’s not as easy to connect, and so that connectedness that belongingness isn’t always there.” 

Most mental health conditions start to manifest when someone is in their youth or young adulthood; Jeannine Topalian, former president of California Association of School Psychologists, who also serves on the California’s Advisory Commission on Special Education, cited an ACLU report which found that more than 63% of students reported experiencing an emotional meltdown, while nearly half said they were depressed.

Wicks added that over the past few years, young people have increasingly turned to marijuana and other substances to cope, which has led some to “over indulging and going into psychosis.”

Mental health staff

Schools often don’t have the staffing and resources to support struggling students.

According to Topalian, there are 1,041 students for every school psychologist in California and  7,308 students for every social worker. 

“There are six year olds out there who are in crisis today, who are in need of a lot of support from mental health professionals,” she said. “And what better place than a school where that’s the hub of the community to provide these services.”

Mental health professionals at schools are overwhelmed with hefty caseloads which makes it harder to pay attention to students’ individual needs or to take a more preventative approach. 

Loretta Whitson, executive director of the California Association of School Counselors, said that some progress has been made in California’s counselor-to-student ratio. In the 2012-13 academic year, the ratio was 826 students to one counselor. Now, it’s roughly half that. 

“I think 800 would be more like urgent care. We’re responding to crises,” she said. “….When you have 400, then you are able to do comprehensive strategic work.”

The national suggestion is a 250:1 ratio, she added. 

“We’re not where we want to be…., but we’re moving in the right direction,” Whitson said, adding that there are more counseling services in elementary schools now, where students start learning social skills and ways to cope. 

Fifty percent of all school counselors nationwide in California, and 33 university programs in the state are turning out new counselors, Whitson added. 

A ‘first line of defense’: involving teachers

Involving teachers is a critical support for students in their mental health challenges, the speakers agreed. 

Kim Griffin Esperon, a project director of Mental Health & School Counseling at the Los Angeles County Office of Education, emphasized the importance of creating step-by-step protocols that teachers and staff can be trained to implement. 

Teachers should also be provided with guidelines to help them spot signs of depression, and their input should always be considered, Topalian said. 

“We often tell teachers or staff what to do. It’s very important to think about asking them what they need and where their skill set is before we implement or develop programs,” she said. “They need to be part of the process rather than being the people who are in the frontline trying to do this work for our students.”

Off campus 

Reducing the stigma around mental illness is also critical to students accessing support, the speakers agreed. 

“Traditionally, schools and communities have understood mental health supports and services to be necessarily only for those students who have been identified as having a mental health disorder, or they have assumed that all students experiencing mental health challenges require intensive mental health interventions,” Esperon said. 

“Fortunately, our understanding has evolved to refocus our attention on prevention and earlier identification of students who are struggling as well as referral to the appropriate level of services to meet students’ needs.” 

Wicks said there are several intergenerational families in the San Gabriel Valley — which can make it harder for students to access support because of varied attitudes toward mental health support and counseling. 

“I could see the challenge, you know, for the youth to hear the information and maybe want to move in that direction [of seeking help],” Wicks said. “But when they would go home and have those discussions, they would kind of come back with a ‘No thank you.’” 

He added that youth advisory opportunities, where students can interact with one another, can be particularly helpful. And some districts have explored peer-to-peer counseling, which can also reduce students’ feelings of isolation. 

Other ways to expand access 

The Los Angeles Unified School District has attempted to expand community outreach to reduce stigmas around mental illness — while using Telehealth options to provide students with mental health supports, according to the district’s Administrator of Student Health and Human Services Joel Cisneros. 

He said LAUSD also has its own psychiatric emergency response team, which intervenes in crises where students could harm themselves or someone else. 

“[It’s] going beyond the idea that we’re just producing students to an academic process in order to graduate and to be successful,” Whitson said. “It’s also looking at the whole child. And that shift in perspective, I think, is really contributing to some of the changes that we’re trying to do.”