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Schools cannot alert parents of child gender identity unless asked, judge orders

It remains illegal in California for a school district to force teachers and other staff to alert parents about their child’s gender identity, but parents must be told when they ask about it, a judge ruled Tuesday in a widely watched case dealing with parental rights.

San Bernardino County Superior Court Judge Michael Sachs, weighing both state law and a Supreme Court order, rejected an attempt by the Chino Valley Unified School District to reinstate its mandatory parent-notification policy.

“There is no requirement that the school district, on its own, after learning of transgender issues, contact parents and let the parents know of them,” Sachs said in court. At the same time, “in the event a parent makes an affirmative inquiry of a minor child regarding their status, whether transgender or not, that will trigger an obligation by the school district to respond.”

Under the Chino Valley policy, approved in July 2023, a school would have to notify parents of any request by a student “to use pronouns that do not align with the student’s biological sex or gender listed on the student’s birth certificate or other official records.” The same notification rules applied to the use of bathrooms or participation in sports.

State Attorney General Rob Bonta immediately challenged that policy in court and it was put on hold. In October 2024, Sachs had ruled that most of the policy was discriminatory — and therefore illegal — because it singled out a group of students for treatment that was different than the treatment of other students.

As an example, he cited the possibility that a student would come out confidentially to a school counselor — and then that counselor would immediately be required to alert the parents, even against the student’s wishes.

A policy that could result in mandated actions by a school employee continues to conflict with the intent of a 2025 California law that barred a school system from forcing teachers to tell parents about a student’s gender, Sachs concluded.

“That’s inappropriate and it’s still inappropriate,” Sachs said Tuesday.

New rules, new rulings

What has changed in the legal landscape, he added, is what happens when a parent requests information about their child’s gender status or sexual orientation or any number of other issues affecting that child.

Trial court rulings — affirmed by a Supreme Court majority in March — said that parents have the right to demand information about their child’s gender identity at school. School staff cannot lie to parents — including matters that a student wishes to conceal from their parents.

Attorney Emily Rae, representing Chino Valley, said Sachs was correct to acknowledge that parents had the right to information about their child, but that his ruling did not go nearly far enough — and that parent notification should be mandatory statewide.

Chino Valley also has a separate pending court challenge to the 2025 California law, contending it is at odds with the direction of the Supreme Court, which should take precedence.

Dept. Attorney General Delbert Tran, representing the state, declined to be interviewed Tuesday, but in his exchanges with Sachs, it was clear that he saw the ruling as about as much of a win as would be possible, given the Supreme Court’s recent directives.

He also said that supporters of parent-notification policies misstate or misunderstand the parent-teacher relationship that exists in practice and under state law. Parents, he said, have the legal right to observe classes and meet with teachers, and the expectation is that teachers will communicate freely and often with parents about a child’s needs and progress.

Chino Valley champions its view of parent rights

Chino Valley, a school district of 26,000 students in San Bernardino County, has adopted and defended a series of policies favored by parent activists, religious conservatives and President Trump under the leadership of school board President Sonja Shaw, a Republican currently running for the office of state superintendent of public instruction.

Under her leadership, the school system has taken a stand for a flag-ban policy in schools and classrooms, widely viewed as targeting gay pride flags; for removing school library books with passages deemed to be sexually obscene, and for working to ban trans athletes from girls sports and girls locker rooms.

Shaw attended Tuesday’s hearing and criticized Sachs’ reasoning.

“When he talks about a parent has a right to know now only if they ask, how do you know you’re being lied to or secrets being kept?,” Shaw said after the hearing. “That absolutely makes no sense.”

Shaw said the judge should have done “what’s right: Upheld parents’ constitutional right to the upbringing of their own child.”

In anticipation of Sachs’ ruling against the original policy, the Chino Valley school board revised the policy, expanding it to all students. Under the current policy, if any student “requests a change to their official or unofficial records, parents/guardians shall be notified to ensure that parents/guardians are informed and involved in all aspects of their child’s education.”

In other words, if a straight male student named William suddenly decided he wanted to be referred to as Robert on the class roll sheet — an official record — his parents would be notified.

In 2024, Sachs accepted this version of notification because students were not singled out for different treatment on the basis of their gender.

That form of the policy remains in effect.

Since that time, Shaw said, the district has been “transparent” with parents regarding important issues in the lives of their children. And Tuesday’s ruling would not change that.

Moving forward, she added, the district could assertively ask parents if they want to be informed about their child’s gender issues and that permission — if given — would continue to apply as the student proceeds through grade school.

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California lawmakers vote to change childhood sex abuse law

The California state Legislature voted Sunday to amend a 2019 law that extended the statute of limitations for childhood sexual abuse claims but was blamed for draining the coffers of municipalities and school districts.

Senate Bill 577 by John Laird (D-Santa Cruz) follows years of heated debate over the state law, which resulted in scores of lawsuits against cities, counties and schools.

Since the law was enacted, L.A. County has agreed to pay more than $5 billion to settle more than 12,000 claims stemming from alleged sexual abuse committed by government employees in foster homes and juvenile halls.

The bill passed by the Legislature on Sunday requires victims older than 40 to provide evidence that the public entity was aware of the misconduct that resulted in the assault and failed to take reasonable steps to avoid it.

It also states that attorneys who file fraudulent sex abuse lawsuits can be fined $25,000 per violation. The Times reported last year on nine plaintiffs who said they were paid to sue the county over sex abuse, some of whom said they were told to fabricate their claims.

Consumer attorneys, counties and victims rights groups jostled over the elements of the proposed bill over the last few months.

Lawmakers stopped short of capping payouts in the bill, a change sought by some local governments and school districts.

The legislation follows multiple attempts to change the law in recent years. Sen. Benjamin Allen (D-Santa Monica) tried last year to increase the burden of proof for sex abuse cases, but pulled the bill after outrage from victims rights groups.

Some of the groups blasted the bill on Sunday night, arguing it would shield rapists and deny justice to survivors.

Speaking on the floor of the state Senate, Laird said that he tried to balance the needs of all parties.

The bill now goes to Gov. Gavin Newsom for his consideration.

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State lawmakers to tweak childhood sex abuse law, rebuff damage caps

California lawmakers said Thursday that they plan to make “modest” changes to a controversial law that gave victims of childhood sexual abuse a new window in which to sue, but will stop short of a damage cap.

The proposed legislation, offered in the final days of the legislative session, would require older victims to provide additional proof that they were abused as children, but does not limit the amount they could receive in payouts — a demand made by local governments and school districts that have shelled out billions of dollars in recent settlements.

The proposal follows years of heated debate over a 2019 state law that removed the statue of limitations for childhood sexual abuse claims. The law paved the way for thousands of victims to sue their abusers but has been criticized for draining the coffers of local governments.

Since the law was enacted, L.A. County has agreed to pay more than $5 billion to settle more than 12,000 claims stemming from alleged sexual abuse committed by government employees in foster homes and juvenile halls.

Santa Monica last year declared a financial crisis after officials revealed that the city faces more than $229 million in sexual abuse allegation claims from a former city employee. California school districts have paid nearly a half-billion dollars to settle older claims of sexual abuse.

The new bill, known as Senate Bill 577, tweaks a proposal put forward last year by Sen. John Laird (D-Santa Cruz), who tried unsuccessfully to shepherd through a compromise between local government entities, survivors groups and plaintiffs attorneys.

Laird and Sen. Tom Umberg (D-Santa Ana), who chairs the Senate Judiciary Committee, said in interviews Thursday that they tried to thread the needle in protecting both survivors and municipalities.

Laird said he’s heard reaction from various groups since the new bill proposal was posted online. The groups are “not totally happy,” Laird said.

“My goal here was to get a situation where [the reaction] was sullen but not mutinous,” said Umberg.

L.A. County, which faces more than 5,000 new claims of sexual abuse, lobbied hard to change the law, arguing it opened the door for fraud as records to vet the cases were long gone. Chief Executive Officer Joseph M. Nicchitta praised the bill Thursday as a “thoughtful and balanced package of reforms.”

“This is a responsible step forward and moves us toward a more stable and sustainable framework, and we urge all public entities seeking reform to accept this solution now,” Nicchitta said in a statement.

The Consumer Attorneys of California, a trial lawyer trade group, backed the fact that the bill wouldn’t limit how much victims could receive from these cases.

“Damage caps would place an arbitrary limit on the harm a survivor has suffered and leave survivors bearing more of the lifelong costs of abuse—including trauma, disability, and treatment,” said Doug Saeltzer, president of the association. “Those costs should not be shifted onto the very people the system failed to protect.”

According to the most recent version of the bill, victims older than 40 must now provide “clear and convincing evidence” that the public entity “knew of misconduct” that resulted in the assault and failed to take reasonable steps to avoid it.

The bill also states attorneys who file fraudulent sex abuse lawsuits can be fined $25,000 per violation, a penalty that could be enforced by the state attorney general or attorneys for local governments. The Times reported last year on nine plaintiffs who said they were paid to sue the county over sex abuse, some of whom said they were told to fabricate their claims.

The bill also requires the attorney general to open a two-part investigation into alleged abuse within L.A. County’s juvenile detention centers, probing both the cause of fraudulent lawsuits as well as legitimate claims of abuse.

And it would also require local governments and school districts to adopt a “sexual assault prevention plan” that details to the attorney general “how grooming and sexual abuse concerns and risks will be reported.”

John Manly, an attorney who represents victims in the $4-billion sex abuse settlement, said he believed the bill would make it impossible to represent victims over 40 years old. The burden of proof, he said, was too high and the language in the bill too vague.

“It’s sad, because it tells me that all the stuff about, ‘We care about children, and we care about survivors, and we believe survivors,’ it’s all political window dressing for many of the members of the Legislature,” he said.

The compromise bill follows multiple attempts to change the law in recent years. Sen. Benjamin Allen (D-Santa Monica) tried last year to increase the burden of proof for sex abuse cases, but pulled the bill after outrage from victims rights groups.

The new version seems unlikely to have the same problem, with some groups immediately praising the lack of fee caps.

“It’s a step in the right direction,” said Chantel Johnson, directing advocate at Youth Law Center, which advocates for youth in foster homes and juvenile detention centers. “The bill was more balanced than we thought it would be.”

Senate Bill 577 is expected to come up for a vote in both the Assembly and the Senate by early next week and, if it passes, will be sent to Gov. Gavin Newsom for his consideration. Leaders in both houses praised the proposal Thursday.

“Today, we are grateful to have been able to come to an agreement on a legislative path to protect justice, prioritize prevention for the millions in our care, and acknowledge the impacts to our communities,” said Senate President Pro Tem Monique Limón.

Assembly Speaker Robert Rivas (D-Hollister) said the state would be “safeguarding schools and public services, while investing in prevention and protecting against future abuse.”

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