CA Governor Newsom Signs First-of-Its-Kind SAFETY Act to Safeguard LGBTQ+ Youth in Schools
On July 16, 2024, California Governor Gavin Newsom signed the Support Academic Futures & Educators for Today’s Youth (SAFETY) Act into law. This groundbreaking legislation, Assembly Bill 1955, is designed to protect the privacy and well-being of LGBTQ+ students.
Introduced by Assemblymember Chris Ward and the California Legislative LGBTQ Caucus, the law marks a significant milestone in the fight for LGBTQ+ rights in education.
Addressing the Rise in Politically Motivated Attacks
Ward highlighted the urgency of the SAFETY Act by pointing to the nationwide rise in politically motivated attacks on LGBTQ+ youth.
“Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,” said Ward. The law aims to counteract these harmful trends and provide a safe learning environment for all students.
Protecting Student Privacy
One of the core provisions of the SAFETY Act is the prohibition of forced outing policies in schools. These policies, which require teachers to inform parents if a student identifies as transgender or requests to be identified by a different name or pronoun, have been implemented in over a dozen school districts since 2023.
The SAFETY Act ensures that discussions about gender identity remain a private matter within the family.
Resources for Families
The SAFETY Act also provides resources to help parents and students manage conversations about gender and identity privately.
This support is crucial, as many LGBTQ+ youth face rejection at home. The law encourages families to have open, supportive discussions, fostering understanding and acceptance.
Protection for Teachers and School Staff
Teachers and school staff are also protected under the SAFETY Act. The law shields them from retaliation if they refuse to forcibly out a student.
This protection allows educators to focus on providing a supportive environment without fear of repercussions.
A Response to Harmful Policies
Since 2020, eight states have enacted laws mandating school staff to forcibly out transgender students, with five others encouraging such actions, creating an alarming hostile and dangerous environment for students.
California is the first state to explicitly prohibit these forced outing policies, setting a precedent for other states to follow.
Impact on Student Mental Health
Forced outing policies have significantly impacted the mental health of LGBTQ+ students, leading to instances of bullying, harassment, and discrimination. According to a 2024 Trevor Project survey, less than 40% of transgender and nonbinary youth find their homes to be LGBTQ-affirming.
Conversely, more than half reported that their schools are gender-affirming, correlating with lower suicide attempt rates.
Support from the California Legislative LGBTQ Caucus
Susan Eggman, Chair of the California Legislative LGBTQ Caucus, praised the passage of the SAFETY Act.
“With the Governor’s signature on AB 1955, California reaffirms its position as a leader and safe haven for LGBTQ+ youth everywhere,” said Eggman. The law represents a collective effort from various stakeholders, including parents, teachers, youth, and LGBTQ+ leaders.
California’s Leadership in LGBTQ+ Rights
The SAFETY Act reinforces California’s reputation as a leader in LGBTQ+ rights. The state’s proactive stance contrasts with other regions where forced outing policies are being implemented.
This leadership is important in providing a model for other states to protect the rights and well-being of LGBTQ+ students.
Opposition and Controversy
Despite its benefits, the SAFETY Act has faced opposition from some who argue that parental notification is crucial for maintaining trust between schools and parents.
Jonathan Zachreson, an advocate for parental notification policies, stated that informing parents about a student’s request to change their gender identification is “critical to the well-being of children and for maintaining that trust.”
California Attorney General’s Role
California Attorney General Rob Bonta has been actively challenging forced outing policies, notably filing a lawsuit against the Chino Valley Unified School District.
The district has since revised its policy to limit parental notification requirements, demonstrating the impact of legal actions in protecting student privacy.
A Safe and Affirming Future for All Students
The SAFETY Act represents a critical step in ensuring that all students, regardless of their gender identity, have a supportive and safe environment to learn and grow.
By prioritizing student privacy and providing resources for families, California and its governor is paving the way for a more inclusive and affirming educational landscape.