To protect students, motion seeks to ensure that Chino Valley Unified School District can never reinstate or implement unlawful forced outing policy. 

April 25, 2024 – OAKLAND — California Attorney General Rob Bonta on Wednesday filed a motion for final judgment in Bonta v. Chino Valley Unified School District seeking injunctive and declaratory relief to ensure that the Chino Valley Unified School District Board of Education (Board) does not reenact or implement their recently-rescinded forced outing policy – Policy 5020.1 – which was detrimental to the physical and emotional safety, well-being, and privacy of transgender and gender-nonconforming students. In August 2023, Attorney General Bonta sued to challenge the policy on the basis that it violated students’ civil and constitutional rights under California law, and in October 2023, obtained a preliminary injunction enjoining the facially discriminatory provisions of the forced outing policy. While the District voted to rescind the forced outing policy on March 7, 2024, in response to the San Bernardino County Superior Court’s preliminary injunction order, the District’s Board continues to stand "proudly” by Policy 5020.1, the District’s counsel continues to maintain that it was “common sense and constitutional,” and the District continues to make comments echoing the anti-trans comments they made publicly before enacting the policy. As a result, Attorney General Bonta is seeking a permanent injunction and declaratory relief to protect students’ civil rights and ensure that the Board does not reenact or implement its original, discriminatory policy.   

“Chino Valley Unified has an obligation to protect the safety and well-being of the students it is charged to serve, especially our most vulnerable student communities who are susceptible to violence and harassment,” said Attorney General Bonta. “It took a lawsuit and court order to get Chino Valley to rescind their discriminatory forced outing policy, but even now, the Board has continued to assert that it was lawful, and board members continue to echo the anti-trans rhetoric they relied upon when passing it. Wednesday’s motion seeks to ensure no child becomes a target again by blocking Chino Valley Unified from ever adopting another forced outing policy. As we continue to defend the rights of transgender and gender-nonconforming students, I urge all school districts to take note and ensure every student can enjoy their right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity.”

Even though Attorney General Bonta issued a letter to the Board on July 20, 2023, stressing the potential harms and infringements on students’ civil rights from the adoption of Board Policy 5020.1, the Board enacted the policy nonetheless. The forced outing policy required schools to inform parents, with minimal exceptions, whenever a student requested to use a name or pronoun different from that on their birth certificate or official records, even without the student’s permission and even when disclosure would cause physical or mental harm to the student. The policy also required notification if a student requested to use facilities or participate in programs that did not align with their sex on official records. In August 2023, Attorney General Bonta announced a lawsuit challenging the enforcement of Policy 5020.1, asserting it violated several state protections safeguarding students’ civil and constitutional rights. Shortly after securing a temporary restraining order, the San Bernardino Superior Court issued a preliminary injunction against the Board’s forced outing policy in October 2023. The Court held that several provisions violated California’s equal protection clause and discriminated against transgender and gender-nonconforming students, causing them irreparable harm.

In Wednesday’s motion seeking a permanent injunction and declaratory relief against the forced outing policy, Attorney General Bonta underscores the importance of the Court’s issuance of final adjudication to guarantee the safety and well-being of transgender and gender-nonconforming students from future identical or similar forced outing policies, and declare that the forced outing policy violates students’ constitutional and statutory rights to be free from unequal and discriminatory treatment on the basis of sex, gender, and gender identity.  

As part of Wednesday’s motion, Attorney General Bonta urges the Court to issue a final judgment because a live controversy exists, as the District’s conduct signals that it could re-adopt the discriminatory policy absent a final ruling by the Court, the discriminatory message communicated by the enactment of a discriminatory policy must still be redressed, and the case presents clear issues of public interest broadly affecting students, parents, school officials, and teachers that are likely to recur. The Attorney General underscores the importance of securing final injunctive and declaratory relief against Policy 5020.1 to:

• Prevent the Board from re-enacting the discriminatory forced outing policy in the absence of a final injunction.
• Provide relief against the stigmatic harms inflicted by the Board’s adoption of the forced outing policy.
• Declare that the Board’s forced outing policy violates California’s equal protection and antidiscrimination laws.

Wednesday’s motion also asserts the Board’s plain motivations in adopting Policy 5020.1 were to create and harbor animosity, discrimination, and prejudice towards transgender and gender-nonconforming students, without any compelling reason to do so, as evidenced by statements made during the Board’s hearing. In discussing the policy before its passage, board members made a number of statements describing students who are transgender or gender-nonconforming as suffering from a “mental illness” or “perversion”, or as being a threat to the integrity of the nation and the family. The Board President went so far as to state that transgender and gender nonconforming individuals needed “non-affirming” parental actions so that they could “get better.”

The Attorney General has a substantial interest in protecting the legal rights, physical safety, and mental health of children in California schools, and in protecting them from trauma, harassment, bullying, and exposure to violence and threats of violence. Research shows that protecting a transgender student’s ability to make choices about how and when to inform others is critical to their well-being, as transgender students are exposed to high levels of harassment and mistreatment at school and in their communities when those environments are not supportive of their gender identity. 

• One-in-10 respondents in a 2015 national survey said that an immediate family member had been violent toward them because they were transgender, and 15% ran away from home or were kicked out of their home because they were transgender. Fewer than one-in-three transgender and gender nonbinary youth found their home to be gender-affirming.
• Nearly 46% of transgender students reported missing at least one day of school in the preceding month because they felt unsafe or uncomfortable there and 17% of transgender students reported that they left a K-12 school due to the severity of the harassment they experienced at school.
• Seventy-seven percent of students known or perceived as transgender reported negative experiences such as harassment and assault, and over half of transgender and nonbinary youth reported seriously considering suicide in the past year. 

A copy of the motion seeking declaratory and injunctive relief is available here.

Source: CA DOJ