On July 15, 2024, Gov. Gavin Newsom signed Assembly Bill 1955, the Support Academic Futures & Educators for Today’s Youth Act (the SAFETY Act), which strengthens existing California law prohibiting school districts from enacting a policy requiring that staff disclose information about a student’s sexual orientation, gender identity, or gender expression to anyone without the student’s consent unless otherwise directed by federal or state law.
WHAT DOES THE SAFETY ACT DO?
Effective January 1, 2025, the SAFETY Act:
- Strengthens existing California protections against forced outings of LGBTQ+ students in schools;
- Directs the California Department of Education to develop and publish resources for parents and families of LGBTQ+ students working towards family acceptance; and
- Provides additional protections against retaliation for educators
seeking to create an inclusive and safe school environment.
wHY DID WE NEED THIS LAW?
Choosing when and how to come out and to whom is a deeply personal decision that
every LGBTQ+ person has the right to make for themself.
Many parents and families understand this and want to support their children coming
out to them on their own terms. Unfortunately, not all young people are welcomed or
safe being their authentic selves at home, and in those cases schools can be a critical
source of support.
Research shows that affirming school environments result in better mental health for
transgender youth. However, since the start of 2023, multiple school boards in
California have voted to pass “forced outing” policies requiring teachers to notify
parents, if their child identifies as transgender. Moreover, educators have faced
retaliation for supporting students’ right to a safe and inclusive educational
environment.
Policies that forcibly “out” pupils without their consent remove opportunities for
LGBTQ+ young people to build up trust and confidence and have these
conversations with family when they are ready and in ways that strengthen the
relationship between parent and child.
faq’S
I heard there is a lawsuit challenging the SAFETY Act. Will the law still go into effect?
We don’t know yet, but the SAFETY Act’s prohibition on forced outing policies is declaratory of existing law so regardless of what happens in the case, school districts must continue to support and affirm LGBTQ+ students and protect their privacy.
What about parental notification policies that don’t specifically mention gender or
sexual orientation?
Even if a school has a general notification policy in place, the SAFETY Act and existing law prohibits any disclosure of information regarding a student’s LGBTQ+ identity without the student’s consent, unless otherwise required by law