CDE's New Guidance on AB 1955 (SAFETY Act): Evolution of LGBTQ+ Student Protections and Implementation Changes
February 2025
Number 10
The California Department of Education (CDE) has released new guidance on Assembly Bill (AB) 1955, known as the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act, representing a significant shift from the previous guidance CDE has provided since 2014 after AB 1266 was passed. This alert analyzes key changes and the implications for Local Educational Agencies (LEAs).
Background
Since 2014, California Education Code section 220 has prohibited discrimination based on several protected categories, including gender identity, gender expression, and sexual orientation. That same year, AB 1266 amended Education Code section 221.5 to allow students to participate in sex-segregated programs and activities and access facilities consistent with their gender identity. The CDE subsequently provided implementation guidance through Frequently Asked Questions (FAQs), which advised LEAs to keep a student’s transgender or gender-nonconforming status confidential, even from parents, unless the student consented to disclosure.
On the heels of AB 1955, the SAFETY Act, taking effect on January 1, 2025 (see 2024 Client News Brief number 34), CDE has now released new guidance, which replaces both the previous AB 1266 FAQs and related Legal Advisory documents. The SAFETY Act and CDE’s new guidance represent a significant shift in California’s approach to protecting LGBTQ+ students. The Legislature’s findings explicitly recognize that choosing when and to whom to disclose LGBTQ+ identity is a personal decision that impacts a student’s health, safety, and critical relationships. Furthermore, the Legislature acknowledged that while parental support is crucial for LGBTQ+ youth to thrive, forcing premature disclosure can be harmful. The CDE guidance itself is non-binding, though LEAs must comply with the underlying statutes and regulations.
New Legal Protections
The SAFETY Act introduces three major provisions that strengthen California’s protection of LGBTQ+ students:
While the new guidance strengthens legal protections, it removes detailed implementation protocols previously provided in the AB 1266 FAQs, including:
The transition to the new guidance creates several important considerations for LEAs, including:
As a final note, California law in this area remains valid and binding on LEAs despite any changes to Title IX or federal executive orders on related topics.
If you have any questions about CDE’s new guidance, or to discuss any other student issues, please contact one of the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, X (formerly Twitter), and LinkedIn, or download our mobile app.
Number 10
The California Department of Education (CDE) has released new guidance on Assembly Bill (AB) 1955, known as the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act, representing a significant shift from the previous guidance CDE has provided since 2014 after AB 1266 was passed. This alert analyzes key changes and the implications for Local Educational Agencies (LEAs).
Background
Since 2014, California Education Code section 220 has prohibited discrimination based on several protected categories, including gender identity, gender expression, and sexual orientation. That same year, AB 1266 amended Education Code section 221.5 to allow students to participate in sex-segregated programs and activities and access facilities consistent with their gender identity. The CDE subsequently provided implementation guidance through Frequently Asked Questions (FAQs), which advised LEAs to keep a student’s transgender or gender-nonconforming status confidential, even from parents, unless the student consented to disclosure.
On the heels of AB 1955, the SAFETY Act, taking effect on January 1, 2025 (see 2024 Client News Brief number 34), CDE has now released new guidance, which replaces both the previous AB 1266 FAQs and related Legal Advisory documents. The SAFETY Act and CDE’s new guidance represent a significant shift in California’s approach to protecting LGBTQ+ students. The Legislature’s findings explicitly recognize that choosing when and to whom to disclose LGBTQ+ identity is a personal decision that impacts a student’s health, safety, and critical relationships. Furthermore, the Legislature acknowledged that while parental support is crucial for LGBTQ+ youth to thrive, forcing premature disclosure can be harmful. The CDE guidance itself is non-binding, though LEAs must comply with the underlying statutes and regulations.
New Legal Protections
The SAFETY Act introduces three major provisions that strengthen California’s protection of LGBTQ+ students:
- Non-retaliation protections for LEA employees who support LGBTQ+ students’ rights or provide state-mandated instruction, including protection from adverse employment actions for using students’ chosen pronouns or teaching LGBTQ-inclusive curriculum.
- Explicit prohibition on “forced outing,” preventing LEAs from requiring employees to disclose information about a student’s LGBTQ+ status without consent, except when required by State or federal law.
- Automatic invalidation of any existing LEA policies that require employee disclosure of LGBTQ+ status without student consent.
While the new guidance strengthens legal protections, it removes detailed implementation protocols previously provided in the AB 1266 FAQs, including:
- Student identity verification procedures and protocols for determining and documenting gender identity;
- Specific record-keeping procedures for managing sensitive student information;
- Detailed facilities access protocols and privacy considerations;
- Practical guidance for name and pronoun implementation across various school contexts;
- Specific anti-harassment guidance with concrete examples; and
- Day-to-day privacy protection measures for various school situations.
The transition to the new guidance creates several important considerations for LEAs, including:
- Increased Risk Management: Without specific protocols for records management and privacy protection, LEAs may face heightened risk of inadvertent disclosures.
- Need for Internal Protocols: LEAs should develop internal procedures to address areas where the new guidance is silent, particularly regarding practical implementation.
- Staff Training Requirements: LEAs should create detailed training materials that incorporate both new legal requirements and practical implementation strategies.
As a final note, California law in this area remains valid and binding on LEAs despite any changes to Title IX or federal executive orders on related topics.
If you have any questions about CDE’s new guidance, or to discuss any other student issues, please contact one of the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, X (formerly Twitter), and LinkedIn, or download our mobile app.