School district violated code with gender notification policy, CA Department of Education says

Jenavieve Hatch
·4 min read
7

The California Department of Education found that the Rocklin Unified School District violated state education code when it passed a parental notification policy in September, according to a letter the CDE wrote to the district on Feb. 1.

The policy passed on Sept. 6, 2023 with four out of five votes after hours of protests and public comment. It requires all school staff and teachers to inform a student’s parents if a student requests to go by a different gender pronoun or name, or use facilities that do not align with their biological sex.

According to the CDE letter, written last Thursday, the policy “on its face fails to comply with (California education code) prohibitions against discrimination.”

The district’s superintendent, Roger Stock, has five days from the letter’s date — Feb. 1 — to inform all staff and students in writing that the notification policy is inconsistent with the education code and therefore will no longer be implemented. Stock has 10 days to provide those letters to the CDE.

If the district fails to take corrective measures, it risks losing state or federal fiscal support.

Proponents of the policy, including parents’ rights advocates and activists, say that the Rocklin policy will help parents stay informed of their children’s mental and physical health. Opponents say it’s a “forced outing” policy that will put trans or nonbinary students in danger if they have unaffirming parents.

The policy was generally panned by educators.

Rex Carpenter, a Rocklin resident with a granddaughter in middle school, kicked off the hours-long public comment period at the Rocklin Unified School District Board meeting Wednesday, Sept. 6, 2023, by saying, “I’m here tonight to ask you to do no harm,” advocating for young people in vulnerable home situations. He spoke in opposition to a policy that would require staff to notify families within days of a student’s choosing to be identified as any name, nickname, or gender that does not match enrollment records or is not a “common” nickname recognized by the school.

The California Department of Education investigated the policy after one of those educators filed a complaint the day after it was approved, saying it discriminated on the basis of gender identity and expression.

Specifically, CDE found the policy violates state Education Code Sections 200 and 220, which ban discrimination on the basis of “disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes ... including immigration status” in any educational institution that receives state funding or accepts students on financial aid.

“The CDE finds the District’s policy ... on its face singles out and is directed exclusively toward one group of students based on that group’s legally protected characteristics of identifying with or expressing a gender other than that identified at birth,” the CDE wrote.

“And the application of that policy adversely impacts those students. Finally, (the policy) does not expressly or implicitly provide any educational or school administrative purpose justifying either form of discrimination.”

A spokesperson for the Rocklin Unified School District told The Bee that officials are reviewing the report.

“However,” wrote Sundeep Dosanjh, the district spokesman, “per our standard practice and in compliance with the law, RUSD has not asked teachers and counselors to implement the revised regulations until the required negotiations on the effects of the changes on working conditions have been completed.”

The CDE finding is separate from the unfair labor practice complaint that the Rocklin Teachers Professional Association filed against the district last year through the California Public Employment Relations Board.

Rocklin Unified School District Board Member Michelle Sutherland draws a graphic representation of where she said the Board’s priorities should be focused during a meeting Wednesday, Sept. 6, 2023. The area of most importance, she said, does not include passing a policy that would violate state law by mandating schools to “out” transgender students to their parents.

The teachers association accused the district of being in violation of the Educational Employment Relations Act, as its members were denied the opportunity to bargain over the effects of the policy, which they predicted would face legal obstacles, before the board voted to approve it.

The employee relations board issued a formal complaint against RUSD in October. The PERB hearing is scheduled for February 13 and 14.

“RTPA is committed to withdrawing our Unfair Practice Charge (UPC) against the district once our School Board members withdraw their illegal forced ‘outing’ policy, said RTPA president Travis Mougeotte, who called the policy “unnecessary and discriminatory” and that it “promotes bullying.”

“We support all parent rights under the law, and we will continue to work with our parents to provide the highest quality public education to our students,” he said.

Emily Thomas, chief negotiator for the teachers union, said that the board members who voted for the policy “should be investing in teaching and learning instead of wasting taxpayer dollars on legal fees defending our School Board member’s illegal actions and their political agenda.”

The teachers’ union “has no authority to bargain over an illegal policy that violates the law, jeopardizes our members’ credentials with the California Commission on Teacher Credentialing, and puts the health and safety of our students at risk,” said Thomas.

The next RUSD board meeting is scheduled for Wednesday.