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What's next for Rocklin Unified's transgender notification policy?

Legal battle on the horizon for Rocklin Unified’s transgender notification policy
Legal battle on the horizon for Rocklin Unified’s transgender notification policy 03:45

ROCKLIN -- A lawsuit could be on its way to Rocklin Unified School District after its board voted to change a policy over transgender rights. The change requires staff to notify parents if students request to identify as a gender other than their biological sex.

"I don't think transgender students were safe to begin with," said one transgender student at Rocklin High School. 

Many students told CBS13 they now fear for their safety after Rocklin Unified passed a policy that requires staff to notify parents if a student requests to identify as a gender other than their biological sex. 

"I am currently out to my parents, or my mom," said one student. "She isn't fully supportive." 

"I feel like it's just the student's business," said another Rocklin High School student. 

Rocklin Unified's decision in a four-to-one vote for the change is not the first. 

California Attorney General Rob Bonta filed a lawsuit against Chino Valley Unified which adopted a similar policy. 

He responded to Rocklin's decision in a statement: 

"Despite our ongoing commitment to stand against any actions that target and discriminate against California's transgender and gender-nonconforming youth, Rocklin Unified has chosen to endanger their civil rights by adopting a policy that forcibly outs them without consideration of their safety and well-being. I have said it before and I will say it again: We will not tolerate any policy that perpetuates discrimination, harassment, or exclusion within our educational institutions." 

So, who will win the legal battle: School boards or the state? Civil rights attorneys stand divided. 

"The question really should be what right does the state have to infringe upon parental rights by keeping secrets and hiding information from them?" said the president and chair of the National Center for Law and Policy Dean Broyles. 

Broyles supports the notification policy and said the equal protection clause of the 14th Amendment protects parent's rights. 

"The school does not notify the parent to let them know Bob is dating Tina," said the Legal Redress Chair of the Sacramento NAACP Justin Ward. 

Ward said students have privacy rights under the same amendment. 

"If you want to know, you need to have that conversation with your child," said Ward. 

There is passion on both sides of the policy. 

"I do not think anyone has ever conceived that a five-year-old has privacy rights from their parents," said the director of Capitol Engagement at the California Family Counsel Greg Burt.

Attorneys believe the U.S. Supreme Court will likely need to make the decision on the issue. 

"If parents aren't supportive of their children, then children shouldn't have to tell their parents," said one Rocklin High School student. 

Rocklin Unified is currently working on a training and implementation plan for the policy. The Attorney General has not formally filed a lawsuit against Rocklin Unified. 

Rocklin Unified provided this statement to CBS 13:

"The Rocklin Unified School District is aware of the remarks made by California Attorney General Rob Bonta in response to RUSD Board of Trustees' approval of Action of Revisions to Administrative Regulation: AR5020 Parent Rights and Responsibilities and Administrative Regulation AR5145.3 Non-Discrimination/Harassment. The Board's actions were taken after extensive consultation with the District's legal counsel and are legally defensible based on current law. The school district is currently formalizing implementation and training plans regarding the revision." 

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