According to state and district guidelines, a transgender student's identity must be kept private, even from parents, unless the student says otherwise.
[Ads /]
The teachers contend that the Escondido Union Elementary School District is forcing them to lie as students transition without the parents knowing.
Meanwhile, transgender activists say the policy protects children from interference or potential punishment at home.
"This case is about the right to speak freely, right to exercise my own religious beliefs," Elizabeth Mirabelli said.
Mirabelli is one of the teachers involved in the lawsuit. she says she has two trans students in her classroom at Rincon Middle School this year.
"They came in with one name and one preference," Mirabelli said. "And then midway through the year that information was changed in the school records without the parent's consent."
West Hollywood declares city as trans sanctuary, offering support to community
Under the district's parental-exclusion policy, teachers cannot reveal this information to parents.
"Once a student makes known that they have a preferred name or preferred pronoun that's inconsistent with their biological sex only people with a legitimate need to know that information will be told," attorney Paul Jonna said.
The policy excludes parents from having a legitimate need to know. Groups across the country have advocated for policies like this to ensure kids who are transitioning or questioning their gender can do so without interference or potential punishment at home.
[Ads /]
"I am a parent of trans youth who started his transition over a decade ago," said Kathie Moehlig, founder of Trans Family Support Services. Moehlig said only 1/3 of trans students come from supportive households, which is why she feels the policy is so important.
"Having a space at school where you can feel safe and seen for who you are is a life saving measure and that's why California has the laws that we have in place," she said.
Meanwhile, the teachers in the lawsuit are hoping the California Board of Education will rethink the policy.