Judge permanently blocks school district's forced outing policy

  • by John Ferrannini, Assistant Editor
  • Wednesday September 11, 2024
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A San Bernardino Superior Court judge has permanently blocked the Chino Valley Unified School District from enforcing its forced outing policy for transgender students. Photo: From CVUSD
A San Bernardino Superior Court judge has permanently blocked the Chino Valley Unified School District from enforcing its forced outing policy for transgender students. Photo: From CVUSD

A Southern California judge has permanently blocked a school district from enforcing its forced outing policy for transgender students.

San Bernardino County Superior Court Judge Michael Sachs permanently halted enforcement of the Chino Valley Unified School District's policy with a ruling September 9. As the Bay Area Reporter previously reported, there had been a temporary restraining order preventing much of the policy's enforcement since September.

In his ruling, Sachs stated, "There is no forced secrecy in this case; parents are still free to have conversations with their child about gender identity; and parents have the right to observe a classroom, talk to a teacher, and review educational records. In other words, a parent asserting their rights will likely be informed."

California Attorney General Rob Bonta touted the decision as a win in a lengthy statement September 11.

"The decision from the court to grant a permanent injunction and declaratory relief against Chino Valley Unified's initial forced outing policy is a win for all students in Chino Valley and across the state," Bonta stated. "Chino Valley Unified has an obligation to protect the safety and well-being of the students it is charged to serve, especially our most vulnerable student communities who need a supportive and welcoming environment to succeed."

Bonta added that the decision should discourage other school district boards that might be considering similar moves.

"This ruling, consistent with our previously secured preliminary injunction, reaffirms this obligation by ensuring no child becomes a target again by blocking Chino Valley Unified from ever adopting another forced outing policy," he stated. "Let this decision send a clear message to other school districts that have passed or are contemplating similar policies: discriminatory policies will not be tolerated in our educational institutions.

"I urge all school districts to take note and ensure every student, including LGBTQ+ students, can enjoy their right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity," Bonta added.

Tony Hoang, a gay man who's executive director of the statewide LGBTQ rights group Equality California, praised the ruling in a statement.

"We are tremendously grateful for the leadership of Attorney General Rob Bonta in bringing this successful lawsuit against Chino Valley Unified School District forward, and for his tireless advocacy on behalf of LGBTQ+ students in California," he stated. "Equality California will continue fighting against discriminatory policies that harm LGBTQ+ youth or their families. All students deserve a safe and inclusive environment where they can thrive without fear or anxiety while expressing themselves."

The imbroglio began when the Chino Valley Unified School District Board of Education adopted a policy in a 4-1 vote in July 2023 that parents would be informed when a student requests names or pronouns be used other than those listed on their official records.

State Superintendent of Public Instruction Tony Thurmond had been at that dramatic meeting; he was escorted out when he spoke against the policy proposal, championed by Chino Valley Unified Board President Sonja Shaw. (Thurmond is now running for governor in 2026.)

"We're going to safeguard parental rights," Shaw said at that time. "We're going to make sure that our parents at Chino Valley know they're sending their kids here to be taught, not to be anything else."

Shaw gave the B.A.R. a lengthy statement September 11, stating Bonta was leading "the state's political machine, aka the political cartel of Sacramento" in ignoring parents' rights.

"The ruling against Chino Valley Unified School District is not a victory for families — it's another dangerous step toward government overreach into our lives," she stated, in part. "Parents have a right to know what's happening with their children, especially when it concerns life-altering decisions."

Shaw continued that Bonta is putting "radical agendas" over parents, "the very people who know and care for their children the most."

She also stated she was "grateful that the court acknowledged that schools may inform parents of changes to their children's records, this is a significant step forward."

Shaw concluded, "Parents across the state are realizing California is determined to undermine parental authority and destroy the integrity of the family. ... We will continue to demand accountability from those in power and protect our children at all costs. This is only the beginning."

The policy also required that parents be notified when students request facilities or programs that don't align with their sex on official records.

Subsequently, after last year's temporary restraining order, the district voted to rescind the policy March 7, though the district's board continued to stand by it.

On July 15, California Governor Gavin Newsom signed Assembly Bill 1955 into law, which banned the outing of students without their permission. As the B.A.R. previously reported, gay Assemblymember Chris Ward (D-San Diego) had revived the legislative proposal after shelving it last fall amid the state's legal challenge of the district.

Updated, 9/11/24: This article has been updated with comments from Chino Valley school board President Sonja Shaw.

Updated, 9/12/24: This article has been updated with comments from Equality California.

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