San Francisco, CA. — The U.S. Department of Justice’s Civil Rights Division has launched a compliance review of four California public school districts regarding instruction on sexual orientation and gender identity topics and related parental rights policies.
The review involves the Graves Elementary School District, San Francisco Unified School District, Santa Rita Union School District, and Soledad Unified School District.
According to the Justice Department, the review will examine how the districts handle instruction on sexual orientation and gender ideology, often referred to as SOGI, in grades pre-kindergarten through 12. Investigators will assess whether parents have been adequately informed of their rights to opt children out of certain instructional content and whether district policies comply with federal law.
“This Department of Justice will not tolerate local school authorities trampling on the rights of parents concerning the education of their children,” said Harmeet K. Dhillon. She said recent U.S. Supreme Court decisions have clarified parental rights protections and placed school districts on notice regarding policies involving gender and sexuality instruction.
Under California law, comprehensive sex education includes discussion of sexual orientation and gender identity topics. The Justice Department said it will review whether parental notification and opt-out provisions are being applied appropriately when those topics are taught. The department cited previous guidance from San Francisco Unified School District indicating that parental permission or notification was not required for certain discussions of SOGI topics.
The review will also examine whether such topics are incorporated into other subject areas, including social studies and history courses, and whether parents receive notice when those subjects are taught.
In addition, federal officials will evaluate district policies governing access to single-sex facilities such as bathrooms and locker rooms, as well as participation in girls’ athletic programs based on gender identity.
The compliance review will assess whether the districts are adhering to requirements under Title IX, the federal law prohibiting sex discrimination in educational programs receiving federal funding. Investigators will also examine what actions, if any, the districts have taken in response to the U.S. Supreme Court’s recent rulings in the cases of Mirabelli v. Bonta and Mahmoud v. Taylor.
The Justice Department emphasized that the review is ongoing and that the Civil Rights Division has not reached any conclusions regarding whether the districts have violated federal law.
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