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AB-1314 Gender identity: parental notification.(2023-2024)

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Date Published: 08/23/2023 09:00 PM
AB1314:v97#DOCUMENT

Amended  IN  Assembly  August 23, 2023
Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1314


Introduced by Assembly Members Essayli and Gallagher Essayli, Gallagher, and Joe Patterson
(Coauthor: Assembly Member Mathis)

February 16, 2023


An act to amend Section 51101 of the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1314, as amended, Essayli. Gender identity: parental notification.
Existing law provides that parents and guardians of children enrolled in public schools have the right, and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified to include, among other things, having access to the school records of their child.
Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services, or to outpatient mental health treatment or counseling services if the foregoing is true and the minor would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or is the alleged victim of incest or child abuse. Existing law requires the mental health treatment or counseling of a minor authorized by these provisions to include involvement of the minor’s parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate.
This bill would, notwithstanding the consent provisions described above, provide that a parent or guardian has the right to be notified in writing within 3 days from the date any teacher, counselor, or employee of the school becomes aware that a pupil is identifying at school as a gender that does not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth, using sex-segregated school programs and activities, including athletic teams and competitions, or using facilities that do not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth. The bill would state legislative intent related to these provisions. By imposing additional duties on public school officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 51101 of the Education Code is amended to read:

51101.
 (a) Except as provided in subdivision (d), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled.
(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4) To be notified on a timely basis if their child is absent from school without permission.
(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests.
(6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request.
(7) To have a school environment for their child that is safe and supportive of learning.
(8) To examine the curriculum materials of the class or classes in which their child is enrolled.
(9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.
(10)  To have access to the school records of their child.
(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.
(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(17) (A) Notwithstanding any other law, including Section 6924 of the Family Code and Section 124260 of the Health and Safety Code, to be notified in writing within three days from the date any teacher, counselor, or employee of the school becomes aware that their child is doing either of the following:
(i) Identifying at school as a gender that does not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth.
(ii) Using sex-segregated school programs and activities, including athletic teams and competitions, or using facilities that do not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth.
(B) It is the intent of the Legislature, in enacting subparagraph (A), to do all of the following:
(i) Provide procedures designed to maintain and, in some cases, restore, trust between school districts and parents and guardians of pupils.
(ii) Bring parents and guardians into the decisionmaking process for mental health and social-emotional issues of their children at the earliest possible time in order to prevent or reduce potential instances of self-harm.
(iii) Promote communication and positive relationships with parents and guardians of pupils that promote the best outcomes for pupils’ academic and social-emotional success.
(iv) Ensure timely notification to parents or guardians if, during the school day schoolday or at school-related activities, their pupil is being referred to by school employees as a gender that is different than the gender listed on the pupil’s birth certificate or other official records.
(b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2) A description of the school’s responsibility to provide a high quality high-quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A) Monitoring attendance of their children.
(B) Ensuring that homework is completed and turned in on a timely basis.
(C) Participation of the children in extracurricular activities.
(D) Monitoring and regulating the television viewed by their children.
(E) Working with their children at home in learning activities that extend learning in the classroom.
(F) Volunteering in their children’s classrooms, or for other activities at the school.
(G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c) All schools that participate in the High Priority Schools Grant Program established pursuant to Article 3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to 5, inclusive, shall jointly develop with parents or guardians for all children enrolled at that schoolsite, a school-parent compact pursuant to Section 6319 of Title 20 of the United States Code.
(d) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.