Manteca Unified — as well as Ripon Unified and Banta Unified (River islands) — are caught between legal compliance with the federal ruling and state law after the U.S. Supreme Court reinstated a ruling in favor of parents' rights to information about a student's gender identity.
Manteca Unified, that serves 25,000 students, made it clear “the District remains committed to providing a safe, high-quality education to every student in our community.”
Specifically, regarding the impact of this week’s high court decision, the MUSD in a written statement indicated, “We are awaiting further guidance from the California Department of Education and the State Superintendent’s Office, as the case remains active before the Ninth Circuit Court of Appeals.”
“We will continue to monitor the litigation closely and ensure our policies remain in full compliance with state and federal law.”
Justices did not decide the Mirabelli v. Bonta case; instead, they vacated a stay issued by the Ninth Circuit Court of Appeals, reinstating a previous ruling until a final decision is made in the appeals court.
Two former teachers from the Escondido Unified School District, later joined by parents, had sued against a now-withdrawn district policy prohibiting school employees from notifying parents about a child’s gender identity.
Key takeaways from the impact of the ruling:
*The decision, which reinstates parents’ right to be notified of their child’s gender presentation, has forced California educators to reassess gender identity disclosure rules.
*Advocates are concerned about the safety of transgender and nonbinary students who are at risk of being outed.
*Without legal guidance, teachers may risk violating either state law or the federal ruling.
The U.S. Supreme Court’s decision this week to reinstate parents’ right to be notified of their child’s gender identity has left California schools in temporary legal limbo and advocates concerned for the safety of transgender students.
In a 6-3 vote, the Supreme Court granted an emergency appeal to a conservative legal group and reinstated a San Diego federal judge’s ruling that parents have a constitutional right to be informed of a child’s “gender incongruence” at school. The Supreme Court stated that California’s student privacy policies allow schools to “facilitate” a student’s gender transition without parental notification, violating free religious expression and substantive due process.