California Court Issues Ruling in Parental Notification Policy Lawsuit

September 10, 2024

On September 9, the Superior Court of California, County of San Bernardino, issued a ruling in California v. Chino Valley Unified School District, a case regarding the District’s parental notification policy. The decision upholds the Court’s preliminary injunction in the case, preventing the District from enforcing sections 1.a and 1.b of its old parental notification policy, which required staff to notify parents when a student requests to use a name, pronouns, or facilities that differ from their sex at birth.

The ruling also holds that section 1.c of the District’s parental notification policy—which requires staff to notify parents about changes to their minor child’s official or unofficial records—is constitutional and should not be enjoined.

The legal battle in California v. Chino Valley Unified School District began in August of 2023, when Attorney General Rob Bonta filed a temporary restraining order against the Chino Valley Unified School District to prevent the District from enforcing its parental notification policy. The Liberty Justice Center stepped in to defend the constitutionality of the policy in September.

In March, following the Court’s initial rulings in the case, the District voted to update its parental notification policy. The updated policy maintains the District’s original requirement that school administrators notify parents within three days if their child requests changes to their official or unofficial records, but removed language from the policy requiring staff to notify parents when a student requests to use a name, pronouns, or facilities that differ from their sex at birth.

Yesterday’s ruling by the Superior Court of California relates to the District’s old policy, which is no longer being enforced and has been replaced by the updated policy adopted in March.

The Liberty Justice Center plans to appeal the Court’s ruling against sections 1.a and 1.b of the District’s old parental notification policy.

“We are disappointed in the Court’s decision on sections 1.a and 1.b of Chino Valley’s old parental notification policy and intend to appeal the ruling. But we are pleased that the Court rightly ruled that the District’s policy does not infringe on minor students’ privacy rights and that schools may inform parents of changes to their children’s records,” said Emily Rae, Senior Counsel at the Liberty Justice Center. “We look forward to the next steps in this lawsuit and will continue to fight for California families at no cost to taxpayers.”

The Liberty Justice Center’s legal filings in California v. Chino Valley Unified School District are available here.

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