Trans notification policy on hold
San Bernardino judge temporarily blocks mandate by school board that would out some LGBTQ+ students to their parents
A San Bernardino Superior Court judge Wednesday temporarily blocked a Chino Valley Unified policy that would require schools to out transgender students to their parents.
Judge Thomas Garza granted the state's request for a temporary restraining order against the parental notification policy that requires schools to inform parents if their child identifies as something other than the gender they were assigned at birth.
After nearly an hour of discussion in court, Garza said he granted the injunction against the notification policy in an “abundance of caution,” noting that while most parents are not a danger to their children, there are exceptions. The purpose of the notification policy is unclear, Garza said, and too broad.
The matter is due back in court Oct. 13 for a formal hearing.
The Chino Valley Unified school board adopted the policy — a rule that echoes a bill that stalled in the state Assembly earlier this year after it was introduced by Riverside County Republican lawmaker Bill Essayli — in a 4-1 vote July 20 after a contentious, fourhour meeting.
Temecula Valley and Murrieta Valley school boards passed similar polices in August, and Orange Unified is considering a similar policy that will be up for vote at its meeting today.
It was unclear whether the ruling Wednesday would have any impact on notification policies in those districts.
CVUSD board President Sonja Shaw said in a text that the battle over parental notification has just begun. State Attorney General Rob Bonta declared war on
parents, she said, after he filed the lawsuit against CVUSD to stop what she said is already a successful policy.
“We spent months bringing together a policy that allows parents to be involved in the upbringing in their child’s life,” Shaw wrote. The policy “does not stop any lifestyle changes, this just says the parents have a right to know.”
After Garza issued his ruling Wednesday, Essayli released a statement arguing that the judge’s decision has no impact on other districts that may be considering a similar notification policy.
“I encourage other school districts to continue their deliberative process and to not be deterred by the attorney general’s intimidation tactics we saw displayed in court today,” Essayli said, according to the statement.
In court Wednesday, an attorney representing Chino Valley Unified said the district disagrees with the state’s blanket statement that students K-12 have a right to privacy and said that parents have a vital role in the children’s education.
Child psychologists agree that having a parent involved is good for students, argued Anthony De Marco, with the firm Atkinson Andelson Loya Ruud. De Marco said 86% of transgender children reported thinking about suicide and that 56% reported a suicide attempt.
De Marco went on to say the state has no evidence of discrimination or parents abusing students as a result of notification policies, and that the state’s stance on CVUSD’S policy isolates parents from being a part of the educational process.
Nichole Vicario, a CVUSD parent in support of the notification policy who attended Wednesday’s hearing, said students should be encouraged to talk to their families about their gender identity.
“I think it’s harmful when you don’t involve families in those types of decisions for children,” Vicario said. “I think children should not be keeping secrets from parents and schools should not be keeping secrets in regards to their children. And when you do that, you’ve already created a hostile environment within the home that may not have already been there.”
Another CVUSD parent, Agnes Mazur, said outside court Wednesday that the parent notification policy has an isolating effect on students in the LGBTQ community. While parent involvement is important and education works best when parents and teachers work together, Mazur said, the notification policy is damaging to the relationship between students and their teachers.
“A policy like this breaks trust instead of creating trust between the teachers and the students,” Mazur said, “and it makes for a less safe place for everybody.”
In court, Deputy Attorney General Delbert Tran, arguing for the state, said the notification policy is already affecting students. The policy provides no protection for students, he said. While educators are mandatory reporters when abuse is suspected, he added, they would not be able to do so until after the fact.
One in 10 transgender individuals have experienced violence at home from family members, Tran said, and one in six have reported they were either kicked out of their house or ran away.
“We can not gamble with the safety of our students,” Tran said.
Bonta launched an investigation Aug. 4 looking into the legality of the Chino Valley Unified policy. Bonta said students should not be afraid to go to school and that the policy threatens the safety and well-being of LGBTQ students.
The judge’s ruling Wednesday “rightfully upholds the state rights of our LGBTQ+ student community and protects kids from harm by immediately halting the board’s forced outing policy,” Bonta said in a statement Wednesday.
“While this fight is far from over, today’s ruling takes a significant step towards ensuring the physical, mental, and emotional well-being of transgender and gender-nonconforming students,” Bonta added. “As we continue challenging the policy in court, my office will continue providing our unwavering support to ensure every student has the right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity.”
Associated Chino Teachers President Brenda Walker said in an email that she was pleased with Garza’s ruling Wednesday.
“It was encouraging to hear that he considers the safety of all students in his decision,” she said. “We know that there will be more discussion at the next hearing, but we are hopeful that sound judgement will prevail.”