Cajon Valley parents' rights policy for LGBTQ students could spark legal battle

Catch up quick: Last month, Gov. Gavin Newsom signed the SAFETY Act into law, barring school districts from passing "forced outing" policies that require schools to tell parents about a student's gender identity changes.

• California is the first state in the nation to enact such a law, and it came after several school districts passed the controversial policies.
• The law goes into effect Jan. 1, but a conservative nonprofit representing a school district and families has sued the state over it.

Between the lines: The law does not prevent teachers or administrators from notifying parents about students' gender identity changes. It prevents districts and school boards from passing policies requiring those notifications.

• This conflict comes as dozens of states have pursued anti-LGBTQ legislation and "parents' rights" bills targeting transgender students, but momentum is slowing.

Zoom in: Cajon Valley's new policy, which passed last week as part of a broader resolution on parental rights, requires district employees to notify parents or guardians of students under 12 within three school days in writing. It applies if a student:

• Asks to be "identified or treated consistent with a different gender," including changing their name or pronouns.
• Or uses bathrooms or participates in school programs and activities, including athletic teams, that do not align with their gender listed in school records.
• The policy also prevents district employees from referring students for medical treatment related to gender transition.

Caveat: It prohibits notifications when there is "reasonable belief that doing so would subject a student to a risk of abuse, neglect or other substantial harm."

What they're saying: Assemblyman Chris Ward (D-San Diego), who authored the state law, said it will protect teachers who choose not to enforce policies like Cajon Valley's.

• "... School board policies cannot require students to be forcibly outed, and any that do so are invalid," he told Voice of San Diego.

The other side: Cajon Valley board president Jim Miller argued during the August meeting that this policy follows existing state law.

• "I don't see this, respectfully, as an outing concept … I see this as parents being involved in the upbringing of the children, especially young children, whom themselves have not fully matured and [don't] have the mental capacity to make certain decisions," Miller said at the meeting.

What we're watching: Before its unanimous vote, the school board had worked on the policy for several months and reviewed legal challenges in other cities to ensure theirs would stand, NBC7 reported.

• Yes, but: The recent meeting included a conference with legal counsel about anticipated litigation, per VOSD.