East County school district approves ‘Parental Bill of Rights,’ challenging state law

EL CAJON, Calif. (FOX 5/KUSI) — An East County school district is going against a new California state law that bars schools from telling parents if a student decides to change their pronouns, raising legal questions.

After AB 1955, also known as the California Safety Act, was passed a month ago, some school districts have working around state policy that’s set to take effect on Jan. 1. Cajon Valley Union School District is the latest to push back, prompting legal analysis across the state.

“AB 1955 violates parents’ rights that are protected by the constitution,” said Scott Ludwig, a parent in the district.

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He said while Cajon Valley’s stance is aimed at giving power back to parents, it’s a small step in the right direction.

The board recently voted to pass a “Parental Bill of Rights,” which will require administrative staff, not teachers, to inform parents of a student’s gender change within three school days.

“This maintains the relationship between parent and teacher, and teacher and student,” said Jim Miller, president of the Cajon Valley Union School Board.

But Ludwig has concerns.

“If the teacher keeps it to themselves and only tells other teachers, and never tells the administration, the administration is not going to know what to tell us,” he said.

The issue reflects an ongoing tug-of-war between parental rights and student privacy, especially after the state recently passed the California Safety Act, which was pushed by San Diego assemblymember Chris Ward.

“I know what it’s like to face coming out. I know what it’s like to have others target you, question you, or deny you,” Ward said.

The law is the first in the country that bans schools from requiring teachers to inform parents of students, at any age, who change their pronouns.

“This conversation is no doubt happening in other jurisdictions as well,” said legal analyst Wendy Patrick, who notes the gray areas when policies conflict with state law.

“Parents want to be involved — at least until the age of maturity — but one of the questions is: what age is that?” Patrick said.

The resolution approved by Cajon Valley Union School Board applies to students under the age of 12, while the new state law would apply to all ages.

“This is completely contrary to the existing law, which allows parents to access their child’s mental health and physical health records,” Miller added.

For Ludwig, age is just a number.

“The age of 12 doesn’t matter. What matters is that we, as parents, have the right to give what we feel is necessary,” he said.

The California Safety Act will go into effect at the start of the new year.

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