Would California bill AB 1955 ban schools and teachers from notifying parents if their child modifies their gender identity? No, that's not true: The bill prevents teachers from being forced to notify parents of their child's preferred pronouns, the state senator who co-authored the bill told Lead Stories. According to the bill, teachers can notify the parents with the student's permission.
The claim appeared in a post by the @LibsofTikTok account on X, formerly known as Twitter, on June 14, 2024 (archived here). It began:
BREAKING: California Senate just banned schools from notifying parents if their child changes their gender identity or pronouns. This is complete madness! Parents, get your kids out of CA schools!
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Libs of TikTok (@libsoftiktok) on X
BREAKING: California Senate just banned schools from notifying parents if their child changes their gender identity or pronouns. This is complete madness! Parents, get your kids out of CA schools!
The California Senate did not ban schools from notifying parents if their child changes their gender identity or pronouns.
"What AB 1955 does is prevent the compelled speech of teachers to out students to their parents," David Stammerjohan, chief of staff (archived here) to California state Sen. Susan Talamentes Eggman (archived here) told Lead Stories via email on June 20, 2024.
Assembly Bill 1955 (archived here), the Support Academic Futures & Educators for Today's Youth Act (SAFETY Act), says schools and their staff, as well as school districts and their staff, cannot be required to inform parents about their child's gender identity without the child's consent. It does not bar them from doing so; they are allowed to do so if the child consents.
Stammerjohan continued:
The bill prohibits schools from adopting or enforcing policies that require school personnel to out queer students. The bill does not regulate what communications can happen between school officials and parents in individual cases; as obviously every situation is unique. It does ban the type of broad, across the board policies that some school districts have adopted.
In his email, Stammerjohan explained to Lead Stories the intention of the bill:
Forced outing policies in California presented a very clear and present danger to many queer youth in the state. Even deep into the 21st Century, children are still sometimes disowned and abused because of expressions or even suspicions of their sexual orientation and gender identity. What AB 1955 does is prevent the compelled speech of teachers to out students to their parents. Additionally, it ensures that teachers cannot be fired for supporting a student in their right to not be discriminated against simply for who they are. This bill addresses the rare scenario where a child is out to the school and not their parents. It gives these queer youth the option to come out on their own terms, preventing them from the harm that would occur had they been forced out.
He said the bill does not prevent a teacher's role as a mandated reporter "if the child is in danger or if a teacher thinks it is necessary for the child's safety, there is nothing preventing a teacher from disclosing this information from the parents."
The key provision in the legislation explains the law:
SEC. 5. Section 220.3 is added to the Education Code, to read:
220.3. (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not be required to disclose any information related to a pupil's sexual orientation, gender identity, or gender expression to any other person without the pupil's consent unless otherwise required by state or federal law.
.....
SEC. 6. Section 220.5 is added to the Education Code, to read:220.5. (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not enact or enforce any policy, rule, or administrative regulation that would require an employee or a contractor to disclose any information related to a pupil's sexual orientation, gender identity, or gender expression to any other person without the pupil's consent, unless otherwise required by state or federal law.
Other Lead Stories fact checks of claims about legislation and gender identity can be read here. Additional fact checks of claims about California can be found here.
