In a decision granting a motion for summary judgment issued on Dec. 22 in the case Mirabelli v. Olson, a federal district court judge in San Diego ruled that parents have the constitutional right to be notified when their child requests to change their gender presentation at school and that school districts cannot prohibit teachers from sharing information about a student’s gender with parents.
The case is a class action lawsuit involving teachers and parents who object to policies that prevent school employees from disclosing information regarding a student’s gender identity to anyone, including the student’s parents, without the student’s consent. In its decision, the first California case to make this holding, the court held that these policies violate parents’ substantive due process rights under the 14th Amendment of the U.S. Constitution by interfering with their rights to make decisions related to the education, medical care and religious upbringing of their children. Further, by applying the reasoning set forth by the U.S. Supreme Court in the 2025 case Mahmoud v. Taylor, the court held the policies violate parents’ First Amendment right to direct the religious upbringing of their children. The court determined that the state’s interest in providing a safe learning environment and protecting student privacy was too broad and not compelling enough to justify infringing on parents’ constitutional rights.
In addition, the court found that these policies also violate teachers’ First Amendment rights to free exercise of religion. The decision notes that the teachers’ sincerely held religious beliefs are “severely burdened” by being prohibited from telling parents about their child’s gender presentation or being faced with adverse employment actions if they do share information. The decision also prohibits employees from using a different name or pronouns for a student if the parent objects.
In addition to the decision granting the motion for summary judgment, the court issued a permanent injunction against enforcement of the policies. The state has appealed, and the Ninth Circuit Court of Appeals has temporarily stayed the decision and order while it considers whether to allow it to take effect while the appeal is pending.
This case was initiated before the passage of Assembly Bill 1955, which bars school districts from requiring parent notification when a student changes their gender presentation, and the court stated that this decision was not about that legislation. At this time, it appears that AB 1955 has not been overturned.
CSBA will continue monitoring the case and will provide further updates as needed, and once a final decision is issued and appeals exhausted, the association will review its relevant sample policies to determine whether any revisions are necessary. CSBA recommends that districts consult with CSBA’s District and County Office of Education Legal Services or district legal counsel with any questions about any potential impact of the decision on their specific policies.
