Unique to the Vanguard, California Attorney General Rob Bonta joined 16 other AGs in filing an amicus brief in the U.S. Court of Appeals for the Ninth Circuit on Tuesday. This was in support of the Chico Unified School District (CUSD) and its policy protecting the privacy and safety of transgender and gender-nonconforming students.
In the case Regino v. Stanley et al., a family with children attending college in CUSD challenged Administrative Regulation 5145.3. This regulation prevents school personnel from unduly disclosing students’ transgender or gender-nonconforming status without the student’s consent, except when there’s an urgent and compelling need.
The federal district court granted CUSD’s motion to dismiss the claims, which the plaintiff then appealed. Attorney General Bonta highlights California’s commitment to a safe and supportive school environment for all students, including those who are transgender and gender-nonconforming, by preventing them from being “outed” in potentially harmful situations. The coalition urges the Ninth Circuit to uphold the district court’s decision.
Bonta notes that Chico Unified has been protective of all students, involving families when possible while respecting individuals’ wishes to prevent risk. He criticizes policies in some districts that forcibly out transgender and gender-nonconforming students.
Today’s amicus brief, according to Bonta, emphasizes support in continuing to oppose actions that threaten the well-being of vulnerable communities. He advocates for the Ninth Circuit to maintain the district court’s ruling to ensure an inclusive, safe educational environment for Chico Unified students.
The coalition argues that:
- CUSD’s policy, like similar policies in other states, balances supporting transgender and gender-nonconforming students with involving families whenever possible, respecting students’ rights to discuss gender identity with their families at their discretion.
- Transgender and nonbinary students face real dangers of parental rejection and lack of gender-affirming environments, making them vulnerable to abuse, death, and mental and physical harm.
- All students benefit from safe and inclusive schools.
- Protecting student privacy and confidence enhances educational success and reduces risks of absenteeism, dropout, and suicide.
- The appellate court should uphold the district court’s decision to dismiss the challenge to CUSD’s policy as the plaintiff’s constitutional interpretation is unsupported and endangers transgender and gender-nonconforming students’ protection.
Attorney General Bonta stresses the importance of safeguarding students’ rights, health, and well-being in Californian schools. Studies show the crucial role of allowing transgender children to decide when and how to disclose their identity, as they often face harassment and mistreatment both at school and in their communities.
The 2015 U.S. Transgender Survey revealed significant violence, homelessness, and lack of support faced by transgender youth. High rates of suicide contemplation, school avoidance, and dropout due to harassment were reported, underscoring the need for protective policies like CUSD’s.
