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  • Bonta backs motion blocking censorship, transgender notification in Temecula schools  

    Bonta backs motion blocking censorship, transgender notification in Temecula schools  


    The LGBTQ+ community rallies in solidarity, opposing the Social Studies Alive! ban in Temecula Valley Unified in June 2023.

    Credit: Mallika Seshadri / EdSource

    California Attorney General Rob Bonta is formally backing a motion to prevent the Temecula Valley Unified School District from implementing policies that could censor instruction about race and gender as well as those that force employees to notify parents if their child shows signs of being transgender. 

    In August, Public Counsel, the nation’s largest pro bono law firm, and Ballard Spahr LLP, filed a case against Temecula Valley Unified School District on behalf of its parents, teachers, the teachers union and students. A hearing on the motion for a preliminary injunction to block the board from enforcing its policies as the case moves forward will take place on Jan. 24. 

    Bonta’s brief, in support of the plaintiffs, marks the first time in recent history that the state has intervened in litigation to curb ideological censorship in the classroom, according to Public Counsel’s Opportunity Under Law project supervising attorney Amanda Mangaser Savage. 

    “The state is recognizing that this case will be a bellwether for courts across the state and for, frankly, states across the nation in terms of what school boards can and cannot do in classrooms,” Mangaser Savage said. 

    “It is abundantly clear under the law that school boards can’t restrict students’ access to ideas on an ideological basis, but that is precisely what is happening.”

    The lawsuit comes after the Temecula Valley Unified School District school board’s conservative majority — elected in November 2022 — banned critical race theory, temporarily took the social studies curriculum Social Studies Alive! off the shelves due to a mention of LGBTQ+ rights activist Harvey Milk in the supplemental material, fired former Superintendent Jodi McClay and passed a policy that would require school officials to notify parents if their child shows a sign of being transgender. 

    Temecula Valley Unified’s school board has since received backlash from the community, which lodged a campaign to recall its three conservative board members — and submitted enough signatures to move forward in the recall process for board President Joseph Komrosky. 

    This isn’t the first time Bonta has opposed transgender notification policies percolating in about half a dozen California districts. He previously opened a civil rights investigation of the same policy implemented at the Chino Valley Unified School District and had called the measures approved by Temecula Valley Unified a “grave concern.” 

    “The attorney general’s participation just really highlights and emphasizes that illegality. It emphasizes the strength of the legal claims that the students have brought here,” Mangaser Savage said. “So it’s really heartening to see the attorney general participate in this and certainly aligns with what we understand to be his commitment to safe, inclusive, equitable schools.”

    Bonta’s brief specifically states that “forced disclosure provisions” regarding transgender students “violate these students’ state constitutional right to equal protection and statutory protections from discrimination.” 

    It also states that the transgender notification policy infringes on student’ right to privacy and discriminates against transgender and gender-nonconforming “students for forced disclosure, and not their cisgender peers.” It further alleges that the policy is based on outdated social stereotypes that being transgender is a mental illness. 

    Bonta’s brief also alleges that board policies censor materials about race and gender and that censoring aspects of a curriculum has to be “reasonably related to legitimate educational concerns,” not based on religious or philosophical disagreements. 

    Censored materials, according to the brief, might include speeches written by Martin Luther King Jr., major court rulings, discussion of the U.S. government’s treatment of Native Americans, study of the women’s suffrage movement and police violence against Black Americans. 

    “These harms aren’t limited to Temecula, students and teachers, although they are certainly the most directly and most significantly impacted. But the threat here is to the entire system of public education in California,” Mangaser Savage said. 

    “When teachers are limited in teaching accurate history, when books are taken off of library shelves, when material that the state has determined is necessary for its students to learn to be meaningful participants in our democracy is being censored … that is deeply problematic and that poses a threat not just to Temecula students again, but to students across the state and to the health of our democracy as a whole.”





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  • Chino Valley revamps parental notification policy; LGBTQ+ allies fear legal escalation

    Chino Valley revamps parental notification policy; LGBTQ+ allies fear legal escalation


    Chino Valley Unified school board President Sonja Shaw speaks at the parental rights rally in Simi Valley.

    Credit: Courtesy of Rebecca Holz / California Policy Center

    The Chino Valley Unified School District school board voted Thursday to adopt a revamped version of its transgender notification policy, which LGBTQ+ advocates fear would help the district withstand court battles and propel the case to the United States Supreme Court — a possibility previously expressed by Board President Sonja Shaw.

    Unlike the original policy adopted in July, the new policy does not use words like “gender” or “bathroom.” Instead, it broadly states that school officials should notify parents in writing, within three days, if their child requests to change any information in their official or unofficial record. It also cites previous decisions in favor of parental rights. 

    “These policies are rooted in distrust for our schools. And so you know, they’re breaking down these relationships that are essential to schools being successful,” said Kristi Hirst, a district alumna, teacher and parent, who also serves as the the chief operating officer of Our Schools USA — a national organization focused on protecting public education. 

    “What is unclear is what ‘unofficial records’ are, and my hunch is, that’s where…. targeting of transgender students is going to really be seen,” Hirst said.

    Thursday’s board meeting was packed with both supporters of the new policy, as well as members of the district’s teacher’s union, who wore matching red shirts in solidarity. 

    Supporters of the policy also spoke during public comment on Thursday with one of them claiming that the “initiative” would put an end to puberty blockers supposedly being administered and prevent “boys entering into women’s/girls’ spaces.” 

    One speaker told the board, “Safe teachers don’t lie to parents. Safe teachers don’t keep secrets from parents. Thank you for protecting our kids against unsafe teachers.”

    “Parents love and know kids best. Calling a parent abusive for wanting to get their child the proper psychological help is completely ignorant.” 

    Both the previous and new versions of the policy stress the district’s commitment to foster trust between schools and parents. They also share the same three statements of intent: to maintain trust between schools and families, involve parents in decisions about their child’s mental health and increase communication and build positive relationships that can positively impact student outcomes. 

    The older version of the policy which passed in July would have required school staff to notify parents within three days in writing if their child asks to use a name or pronoun that is different from what is on their official student record. Parents would also have to be informed if their child wishes to access sex-segregated spaces that do not align with their biological sex or request to change anything on their official or unofficial record. 

    Under the new policy, however, parents would only be notified of the following: 

    • Requests to change official or unofficial records. 
    • Extracurricular or co curricular activities their student is involved in.  
    • Physical injuries at school or during school sponsored activities.

    Both policies share the same guidelines in cases where a student experiences bullying, is involved in a physical altercation or has suicidal intentions. 

    “The updated policy strikes a balance between two important principles—prioritizing students’ well-being and upholding parents’ rights—and ensures that parents are kept informed every step of the way,” Shaw said in a Liberty Justice Center statement released Friday. 

    Chino community members have repeatedly claimed that such policies in Chino Valley Unified and beyond are detrimental to the mental and physical well-being of LGBTQ+ students. 

    A crisis hotline launched on Aug. 5 by Rainbow Youth Project USA and Our Schools USA has received nearly 650 calls since Chino Valley Unified passed its transgender notification policy, the Los Angeles Blade reported. 

    “All the students who have come to speak about this, they are hearing that rhetoric,” Hirst said, adding that the board’s decisions have fostered a climate of “mistreatment.”  

    “That is 100% going to filter down to schools, and it is. Your leaders, when they breathe that hate into the air, it spreads, and you can feel it.” 

    Hirst added that her daughter, who attends district schools, has also noticed an increase in physical fights and bullying against LGBTQ+ students. 

    Before the policy’s passage, “no one cared,” she said. 

    “There’s no teacher who has these nefarious intentions to kids and hides things from their parents. Nobody’s doing that. . . They [teachers] are constantly working to get parent volunteers and parent involvement.” 

    The lead up 

    In November 2022, voters elected a conservative majority to the Chino Valley Unified School District school board, with three members connected to Calvary Chapel Chino Hills, led by Pastor Jack Hibbs.

    The board voted in June to ban pride flags and in November passed a policy to have a panel remove books it believes to be “sexually inappropriate.” In July, Chino Valley Unified became the first district to pass a policy that would require school officials to notify parents if their child shows any sign of being transgender, which has since spread to other districts, and originated from Assembly Bill 1314, proposed by Assemblymember Bill Essayli, R-Riverside, which was denied a hearing at the state level. 

    The district’s board meetings have also drawn the attention of conservative groups such as Leave Our Kids Alone, a group that travels to various school board meetings to advocate “age appropriate curriculum” and to oppose curriculum and practices they view as indoctrination. 

    State Superintendent Tony Thurmond attended the board’s July meeting to speak out against the transgender notification policy during public comment but was kicked out of the meeting. 

    In August, California Attorney General Rob Bonta launched a civil rights investigation and filed a lawsuit against the district. Two months later, a San Bernardino County judge blocked the district from enforcing the policy, arguing it “treats otherwise similar students differently based on their sex or gender identity.”

    During the closed session of Thursday’s meeting, members of the board met with two law firms: The Liberty Justice Center and Atkinson, Andelson, Loya, Ruud, and Romo (AALRR) about the ongoing litigation. 

    Last September, the board hired The Liberty Justice Center — known for the landmark U.S. Supreme Court labor case Janus v. AFSCME — to provide them with pro-bono legal representation. 

    An argument for teacher support

    For teachers in the Chino Valley Unified School district, discussions about the transgender notification policy are inseparable from a push for better wages. 

    If the board has hundreds of thousands to spend on legal fees, it has the money to bargain in good faith and provide a Cost of Living Adjustment, the teachers union has argued. And on Feb. 22, the union declared an impasse. 

    “We can’t hire teachers; we can’t attract them. We have all these openings. We have parents coming to our board meetings complaining about violence in our schools that’s not being addressed. We have parents coming in complaining about rampant racism in our schools that’s not being addressed, bullying that’s not being addressed,” Hirst said. 

    “And so we have real issues that need to be addressed, and instead, all of our resources and time and energy is going on these culture war issues that don’t improve our schools.”

    In November, public records published by the Sacramento Bee and acquired by Our Schools USA found the district tripled their legal fees to AALRR since July, when they passed the first iteration of their transgender notification policy. In July, the Chino Valley Unified School District paid AALRR $30,903. 

    Those fees soared, amounting to $104,867 in August and $54,988 in September, in addition to the $307,000 spent during the 2022-23 academic year. 

    “We’d rather be home tonight grading papers, planning lessons, maybe trying to have some time with our families,” said Steven Frazer, the organizing committee chairperson for Associated Chino Teachers. “But it’s important that we’re here. It’s important that the board understands that we’re united in standing up for our rights, for student rights and just for what’s right.”

    Two weeks ago, hundreds of district teachers rallied for the cause — and made their voices heard again before Thursday’s meeting. 

    “I know this community really well. I love this community. And I’m watching the most beloved teachers just really struggling and wanting to leave,” Hirst said. 

    “There’s nothing in my kids’ educational experience that is as impactful as the quality of the teachers they have access to. And I’m really concerned that we’re not going to attract the best anymore.”

    This story has been updated to include a statement from Chino Valley Unified School Board President Sonja Shaw.





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

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


    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.”





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  • Federal investigation targets California ban on parental notification policies 

    Federal investigation targets California ban on parental notification policies 


    The LGBTQ+ community rallies in solidarity, opposing the Social Studies Alive! ban in Temecula Valley Unified in June 2023.

    Credit: Mallika Seshadri / EdSource

    Jennifer Vietz’s transgender daughter came out to a teacher and friends at her school’s Gay Straight Alliance group. 

    “If my daughter didn’t get the kind of support that she did,” Vietz said, “she wouldn’t be here now.” 

    She’s grateful for the school’s and teachers’ support of her daughter, and is aware that not every student has the same support from their family. 

    “They should be able to come out in a way that’s safe — or not come out — and still have a trusted adult that they can talk to,” Vietz said. “If they don’t trust their families, they need to have another trusted adult that they can talk to and (have) that speech protected.” 

    Vietz is one of many parents and advocates who have expressed concern for the welfare of LGBTQ+ students since the Trump administration announced an investigation into the California Department of Education over a state law, California Assembly Bill 1955, which bans schools from implementing parental notification policies. 

    The investigation, announced Thursday, includes claims by the U.S. Department of Education’s Student Privacy Policy Office that schools that implement AB 1955 violate the Family Educational Rights Privacy Act (FERPA) and that the California Department of Education has enabled practices that “may be violating FERPA to socially transition children at school while hiding minors’ ‘gender identity’ from parents.” If the state is found to be violating FERPA, it could lose federal funding, the announcement said.

    “LGBTQ+ youth and their families deserve to have sensitive conversations on their own terms and in a way that ensures students feel safe and supported at school,” said Tony Hoang, the executive director of Equality California, a nonprofit organization focused on the rights of the LGBTQ+ community, in a media release.

    But several school board members support and applaud the Trump administration’s efforts. 

    “I will not waver in opposing initiatives that undermine the parents’ God-given rights and prioritize social-political agendas over the well-being of our children,” said Joseph Komrosky, a member and former president of the Temecula Valley Unified school board. “To that end, it is great to see our president fight from the top down to vindicate our efforts at the local level.”

    In 2023, parental notification policies that require school officials to notify parents if their children show signs of being transgender started to gain traction in various parts of the state. Chino Valley Unified, Temecula Valley Unified, Murrieta Valley Unified and Orange Unified were among the California school boards that adopted such measures. 

    “I remain steadfast in my commitment to empowering parents and protecting the innocence of children as a (Temecula Valley Unified School District) school board trustee,” said Komrosky. “The fight against woke policies continues, as we have seen our parental notification policies challenged by special interest groups and state officials, such as Gov. Newsom’s support of AB 1955.” 

    When Temecula Valley Unified’s parental notification policy first went into effect, many students were left concerned, and many teachers were left confused, according to Edgar Diaz, the president of the Temecula Valley Educators Association, the district’s teachers union. 

    “It’s just been confusing over time, as we had a board approve something like this, without bringing employee voice into it, and then the state bringing a new law, and now … this investigation from the federal side,” Diaz said. “It just brings a lot of unknowns when you have different layers of government trying to add their own flavor to it.” 

    He added that the school board is currently in talks with the educators association and Temecula Classified Employees Chapter 538, which represents classified employees, about bringing a parental notification policy back under another name. 

    Jennifer Wiersma, a member of Temecula Valley Unified’s school board who supported the district’s parental notification policy, said, however, that the district has been working with unions on policies that are “nebulous” and that “don’t include parents as the focal point but instead mention sensitive topics and neutral classrooms.” 

    Those who oppose parental notification policies, including allies of LGBTQ+ students, have argued that revealing a student’s gender identity to their parents can be detrimental to their well-being.

    “We respect our justice system and follow laws in California. We wish we could say the same for the Trump/Musk administration,” said David Goldberg, the president of the California Teachers Association, in a statement to EdSource. “In California, we also provide safe and supportive learning environments for all students, and educators were proud to support the SAFETY Act (AB 1955) to protect all students’ rights to a safe and supportive learning environment.” 

    Equality California, which partnered with the California Legislative LGBTQ Caucus to pass AB 1955, also doubled down on its commitment to transgender students. 

    “California’s laws don’t keep parents in the dark — they simply prevent extremist school boards from passing policies that target transgender youth and intrude into the parent-child relationship,” Hoang said.  

    Theo Burns, a professor of clinical education at the University of Southern California, says it’s critical for students to open up to their parents on their own terms. 

    He said that sometimes, reactions from parents are negative. But other times, parents might just be exhibiting a more immediate reaction, which can include misunderstanding, shock and denial. 

    “A child might think, ‘Oh gosh, you know what, my parents are really against me coming out as transgender,’” Burns said, “when in reality, the parent might just be not against it, but having to kind of sit with initial reaction before they come to a place of advocacy.” 

    Burns also said revealing transgender students can be associated with heightened mental health symptoms, like anxiety and depression, and can negatively impact their attendance at school. 

    “When we, as … a culture that values young people’s experiences, when we allow individuals to disclose who they are and what they want us to know in ways that feel safe and supportive,” Burns said, “it … not only benefits the individual, but also benefits community norms and values that those individuals are embedded into.”





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