Pupil instruction: transgender concepts: opt out.

If any part of a school's instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, existing law requires the pupil, upon written request of the parent or guardian, to be excused from the part of the instruction that conflicts with the religious training and beliefs.

This bill, notwithstanding any other law and upon the written request of a pupil's parent or guardian, would require the pupil to be excused from, and would prohibit the pupil from participating in, (1) any part of a public school's curricula, instructions, lessons, presentations, or assemblies discussing, involving, or referencing transgender concepts, as defined, and (2) any anonymous, voluntary, and confidential tests, questionnaires, or surveys discussing, involving, or referencing transgender concepts. The bill would prohibit a school district, county office of education, or charter school from subjecting a pupil to any disciplinary action, academic penalty, or other sanction for being excused from participation.

This bill would require school districts, county offices of education, and charter schools, while any excused activity is taking place, to make an alternative educational activity available to pupils whose parents or guardians have made a written request to excuse their child's participation. The bill would require those local educational agencies to inform parents and guardians of their rights pursuant to the bill, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill, notwithstanding any other law, would provide that any individual whose rights pursuant to the bill have been violated shall have a private right of action against the individual, entity, or local educational agency engaged in the violation for damages and any equitable relief as the court may determine justified, and would authorize the court to also award reasonable attorney's fees and court costs to the prevailing party.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.