(KRCR)—A lawsuit filed by Aurora Regino against the Chico Unified School District has been revived by the Ninth Circuit Court of Appeals, reversing a previous dismissal. The case centers on a district policy that prohibits school staff from notifying parents about a student’s gender transition unless the student consents.
Regino’s daughter referred to as “A.S.” in legal documents, was an 11-year-old fifth grader at Sierra View Elementary School when she began experiencing depression and anxiety. According to court documents, A.S. told a school counselor in early 2022 that she “felt like a boy.” The counselor asked if A.S. wanted to use a different name and male pronouns, which A.S. agreed to, requesting the counselor not inform her mother. School officials subsequently referred to her as “J.S. ” and used male pronouns.
In January 2023, Regino filed a lawsuit against Superintendent Kelly Staley, arguing that the district’s policy violated her fundamental rights as a parent to be involved in important decisions about her child’s care and well-being. The case was dismissed in July 2023 in the lower court, but Regino appealed to the Ninth Circuit Court in November 2024. On Friday, the Ninth Circuit reversed the dismissal, allowing the case to proceed.
“There have been cases around the country, there have been a couple in the courts of appeals on the East Coast that have gone the other way, and so this is the first one of appeals that hasn’t resulted in the dismissal or the affirmance of the lower court’s dismissal,” Josh Dixon, Director of Litigation for the Center for American Liberty told KRCR.
The Ninth Circuit ruled that the lower court had applied the wrong legal standards when it dismissed Regino’s case. Liberty Justice Center, which filed the Amici brief to the federal court, said the appeals court emphasized that parents have a deeply rooted constitutional right to make decisions about the care, custody, and control of their children.
Court documents noted that Regino “did not precisely identify her asserted fundamental rights,” while Staley did not provide justifications for the district’s policy. With the case’s revival, Regino’s legal team is evaluating their options, including returning to the district court or seeking an En Banc hearing with the full Ninth Circuit.
“We’re elated as to what this means for the future. There’s still much work to be done, it’s not an unqualified victory, the court basically just undid the dismissal and said to the district court ‘reconsider what you’ve done,’ but that’s work that we’re looking forward to doing,” said Dixon.
The appeals court also clarified that procedural protections apply to all liberty interests, not just those deemed “fundamental.”
Regino’s case is one of many concerning parental notification policies in schools, and her team views the revival as a step in the right direction.
KRCR has reached out to the Chico Unified School District for comment and is awaiting a response.