Parental Rights
Below are some claims made at board meetings and fact checks.
Claim:
Our parental rights are being taken away. “We are the parents!”.
Fact:
Each year, LVJUSD informs parents of their parental rights and responsibilities under the laws that govern our district, state, and country.
Removal of any parental right or district policy affording a right, would require a legal proceeding.
LVJUSD has a Uniform Complaint Procedure Policy 1312.3 and its accompanying Regulation 1312.3, to address issues involving parental rights.
Claim:
The district should pass a bill, such as AB 1314, that would mandate that teachers notify a student’s parents if the student identifies with a gender not assigned at birth.
Fact:
AB 1314 died in committee and did not pass through the California legislature in 2023. The board cannot legally adopt the language of AB 1314 as a district policy.
On July 15, 2024 Governor Newsom signed AB 1955, The SAFETY Act, into law. It prohibits districts from enacting forced outing policies and protects school personnel from retaliation if they refuse to violate a student’s privacy about their gender identity. Resources for parents and students are also being developed by the CDE to assist vulnerable populations and their families.
School boards do not pass laws. A board may adopt a policy that relates to existing California legislation.
Currently, school boards operate under the legal advice and guidelines that protect the rights of LGBTQIA+ students, including their right to privacy, according to:
CA Education Code
AB 1266
California School Boards Association (CSBA) analysis of state law
Guidance from the California State Department of Education.
Please see the links to these references below.
Additional Information
Laws pertaining to students who have changed their gender in their official record
To prevent accidental disclosure of a student’s transgender status, it is strongly recommended that schools keep records that reflect a transgender student’s birth name and assigned sex (e.g., copy of the birth certificate) apart from the student’s school records.
Schools should consider placing physical documents in a locked file cabinet in the principal’s or nurse’s office.
Laws pertaining to a student’s gender identity expressed at school
Requires that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.
A Local Educational Agency (LEA) should accept a student’s asserted gender and treat the student in a manner consistent with that student’s gender identity, especially where the student either: (1) expresses that identity at school or (2) where there is other evidence that this is a sincerely held part of the student’s core identity.
If either criterion is met, then a school may not question the student’s asserted gender identity except in the rare circumstance where school personnel have a credible basis for believing that the student is making that assertion for some improper purpose.
Schools cannot require a student to provide any particular type of diagnosis, proof of medical treatment or meet an age requirement as a condition to receiving the protections afforded under California’s anti-discrimination statutes.