California passed the Support Academic Futures and Educators for Today’s Youth Act, effective January 2025, becoming the first state to ban public schools from enacting policies that mandate the forced outing of LGBTQ+ students. Prior to this law, the state had no specific law regarding the forced outing of students.
First introduced in January 2024 by California Assemblymember Chris Ward, the SAFETY Act aims to protect LGBTQ+ rights in school districts. In addition to prohibiting forced outing policies, the law also provides LGBTQ+ resources including support groups, staff training, counseling services and suicide prevention policies. Finally, the act protects faculty members from retaliation should they refuse to out students. The act was passed following an increasing number of California public schools advocating for mandated exposure of students’ gender identity and sexual orientation.
The SAFETY Act has received both positive and critical feedback from parents and school districts. While some praise the act as a step forward in the protection of LGBTQ+ youth, others consider it a hindrance to trust and parent-student relationships.
Natalia Garcia, Assemblymember Ward’s LGBTQ+ Caucus Consultant, spoke on Ward’s goals with the SAFETY Act.
“Our caucus members, especially Assemblymember Chris Ward, know that forced outing policies affect everyone,” Garcia said. “[…] They unnecessarily compel school staff to involve themselves in family matters and remove opportunities for families to build trust.”
In July of 2023, the Chino Valley Unified School District’s board passed a policy requiring staff to notify parents in the event of a student identifying in ways other than their biological sex or gender. Garcia further elaborated on the impact of this mandate.
“When forced outing policies are enacted, we see an increase in the amount of calls to the crisis hotline. For instance, after Chino Valley Unified School District passed their [outing] policy, nearly 1,500 calls were received solely to the hotline,” said Garcia.
Mental health is a prevalent issue among LGBTQ+ youth across the United States. Advisor of the Cupertino High School Gender Sexuality Alliance, Jenna Ray, expanded on her perspective regarding LGBTQ+ rights.
“Students in the LGBTQ+ community are at higher risk for self-harm, suicide, and homelessness,” Ray said. “There is a real threat to a student’s safety when a student is part of the community but does not have supportive parents.”
Ray further described how members of the LGBTQ+ community at CHS may be affected by the SAFETY Act.
“[Coming out] is a very personalized, individual experience and it is a very private experience with the person that you are choosing to open up to,” Ray said. “A policy like this could help students feel more secure […] at school, without worrying that any of the things happening here on campus are going to ruin that special moment they could have with their family members.”
Numerous parties, however, have expressed concern and taken action against the SAFETY Act. Many assert that parents have a right to be informed about their children’s expression of gender and sexuality.
In partnership with the nonprofit Liberty Justice Center and on behalf of the Chino Valley Unified School District, nine parents filed a lawsuit against Governor Newsom, Attorney General Rob Bonta and California Superintendent Tony Thurmond.
Among other arguments, the complaint stated that, “PK-12 minor students, most of whom are too young to drive, vote or provide medical consent for themselves, are also too young to make life-altering decisions about their expressed gender identity without their parents’ knowledge.”
In addition, the Cajon Valley Union School District implemented a Parental Bill of Rights that requires staff to inform parents about a change in students’ gender identity. Jim Miller, President of the CVUSD’s Board of Trustees, spoke on the new policy in a board meeting.
“I don’t see this respectfully as an ‘outing’ concept. I see this as parents being involved in the upbringing of children, especially young children, who have not fully matured and who do not have the mental capacity to make certain decisions,” Miller said.
Ultimately, California’s SAFETY Act marks a major change in state legislation regarding the privacy of student gender identity, and will play a key role in shaping the futures of public schools across California.
