New Law Clarifies Student Privacy Rights, Impacts Parental Notification Policies, and Establishes Rights of Educators Involved in These Issues

07.18.2024

Continuing our commitment to provide updated information related to this topic[i], please be aware that on July 15, 2024, Governor Gavin Newsom signed Assembly Bill (“AB”) 1955 into law. This law adds four new sections to the Education Code and is to be known as the “Support Academic Futures and Educators for Today’s Youth Act” or “SAFETY Act.”

First, AB 1955 adds new Education Code section 220.1, which expressly prohibits a local educational agency from retaliating against an employee – including placing an employee on administrative leave – on the basis that the employee supported a student in exercising specific rights outlined in the law, or provided instruction to students consistent with current content standards, curriculum framework, and instructional materials adopted by the State Board of Education, including instruction complying with the California Healthy Youth Act, or other legal requirements. Section 220.1 is effective January 1, 2025.

Next, AB 1955 adds new Education Code section 220.3, which is described as language that “does not constitute a change in, but is declaratory of, existing law.” Section 220.3 went into effect on July 15, 2024, the day AB 1955 was signed. This new section provides:

(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. (Emphasis added.)

Additionally, the law adds new Education Code section 220.5, also effective July 15, 2024, with the same language as to “declarative intent.” This section provides:

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. (Emphasis added.)

(c) Any policy, regulation, guidance, directive, or other action of a school district, county office of education, charter school, or 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, that is inconsistent with subdivision (a) is invalid and shall not have any force or effect.

Finally, the law added Education Code section 217, requiring the State Department of Education to develop and/or update resources “for supports and community resources for the support of parents, guardians, and families of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils.” Section 217 is effective January 1, 2025.

As identified in prior Alerts, there continues to be state and federal litigation related to the interplay between the rights of students, employees, and parents. These new statutes confirm the Legislature’s intent to prohibit policies that “require” school staff to notify parents, guardians, or other individuals when a student elects to change their gender identity in the school setting or require staff to share with parents a student’s sexual orientation; however, it is unclear regarding whether employees may voluntarily disclose this information, and under what circumstances the State would deem disclosure warranted, recommended, or required. How these new laws will impact the ongoing state and federal litigation has yet to be seen. At least one school district, along with a group of parents, is reported to have initiated litigation challenging the new laws.

School districts, county offices of education, and charter schools should continue to monitor legal developments in this area as the legal landscape is unsettled and may remain so for some time. We are closely following this issue and will continue to provide updates on the status of ongoing litigation, the impact of this legislation, as well as any other significant developments in this area.

For further information on the content of this Alert, please contact your AALRR attorney or the authors of this Alert.

[i] Our previous Alerts can be found here:

Status of Ongoing Student Privacy and Parental Notification Litigation: Atkinson, Andelson, Loya, Ruud & Romo (aalrr.com)

Legal Update on Statewide Parent Notification Policies

New California Federal Court Declares That, In the Absence of Clear Legal Authority, Parent’s Challenge to District’s Policy Preventing Disclosure of Student’s Transgender Status Must Be Dismissed