Governor Newsom Signs Assembly Bill 1955
Governor Newsom Signs Assembly Bill 1955 Prohibiting Adoption and/or Enforcement of LEA Policies Requiring Disclosure of a Student’s Sexual Orientation, Gender Identity and/or Gender Expression
On July 15, 2024, Governor Newsom signed Assembly Bill (“AB”) 1955, which prohibits a school district, county office of education, charter school, or state special school for the blind or deaf (“LEA”) from enforcing or enacting policies, rules, or administrative regulations that would require an employee or contractor to disclose any information related to a student’s sexual orientation, gender identity, or gender expression to any person without the student’s consent, unless otherwise required by law. AB 1955 clarifies that this same restriction applies to LEAs governing board members and bodies, thereby prohibiting them from enacting or enforcing an existing policy, rule, or administrative regulation that requires “outing” of LGBTQ+ students.
In addition to banning required “outings” of students, AB 1955 includes a list of legislative findings and declarations regarding LGBTQ+ students, their mental health, their privacy rights, and the state’s intention for LGBTQ students to control when and who they “come out” to. AB 1955 also includes prohibitions against LEAs retaliating or taking adverse action against employees who comply with AB 1955, and it also requires the CDE to develop or update resources for supports and community resources for parents/guardians, and families of LGBTQ students.
While AB 1955 is not effective until January 1, 2025, and pending litigation may affect the implementation of AB 1955, LEAs should be prepared to address the legal requirements of the same come the new year.
If you have any questions about how AB 1955 impacts you or your LEA, please reach out to the authors of this blog post, or one of the attorneys at Perry & Villarreal, LLP. You can also follow us on Instagram, LinkedIn, Facebook, or sign up for our blog mailing lists by emailing info@pvllp.law or visiting our website: www.pvllp.law/blog.
Written By: Aimee Perry & John Louis Chiappe | Jul. 17, 2024
