On September 4, 2023, the Rocklin Unified School District (District) publicly posted its Board meeting agenda, including a proposal to amend Administrative Regulation 5020 (Parents’ Rights and Responsibilities) and Administrative Regulations 5145.3 (Nondiscrimination/Harassment). These amendments required teachers, counselors, or site administrators to notify parents within three school days if a student requested to use a name or pronouns different from their legal name or sought access to sex-segregated programs, restrooms, or locker rooms inconsistent with their sex assigned at birth.
Prior to the 2023-24 school year, the District had policies prohibiting discrimination against transgender and gender-nonconforming students. These policies allowed students to be addressed by their preferred name and pronouns and to use facilities that aligned with their gender identity. They also classified a student’s gender identity as private information, preventing school staff from disclosing this information to others, including parents, without the student’s consent unless legally required or necessary to protect the student’s well-being.
On September 4, 2023, Superintendent Roger Stock called Rocklin Teachers Professional Association (RTPA) President Travis Mougeotte and advised him to “probably look at the Board docs when they’re made public.” RTPA, the exclusive bargaining representative for certificated employees, immediately sent a letter to the District, demanding that the proposed amendments be withdrawn or, alternatively, that the District bargain over the effects of the policy before its adoption. On September 5, 2023, RTPA sent a follow-up letter to the District Board members, reiterating its demand to bargain. The District did not respond before the Board meeting on September 6, 2023.
At the Board meeting, attendance was exceptionally high due to public concerns over the proposed policy. Teachers, counselors, and community members participated in the discussion, with the majority opposing the amendments. The District Board voted to adopt the policy changes, making them immediately effective.
On September 8, 2023, RTPA filed an unfair practice charge with the California Public Employment Relations Board (PERB), alleging that the District violated the Educational Employment Relations Act (EERA), Government Code section 3540 et seq., by failing to bargain before implementing the policy. The District responded to RTPA, offering to bargain only over the effects of the new policy, but not over the decision to adopt the policy. On October 6, 2023, the District formally refused to rescind the policy, insisting that only the effects of its decision were negotiable. In response, RTPA asserted that it would not negotiate effects unless the District first rescinded the policy, arguing that the policy itself was illegal and that requiring teachers to comply with it would force them to violate state law.
On September 7, 2023, a Placer County educator filed a complaint about the new policy with the California Department of Education (CDE), and CDE launched an investigation. On February 1, 2024, the CDE issued a formal ruling, finding that the District’s policy violated Education Code § 220, which prohibits discrimination based on gender identity. CDE ordered the District to cease enforcing the policy, notify staff and students that the policy would not be implemented, and provide proof of compliance within 10 school days.
The District sought reconsideration of CDE’s ruling. On March 27, 2024, CDE denied the request, reaffirming its finding that the policy unlawfully discriminated against transgender and gender-nonconforming students. The District refused to rescind the policy, so CDE filed a lawsuit seeking a court order to enforce its ruling. That litigation remains pending.
On January 11, 2024, the California Attorney General Rob Bonta issued a legal alert warning all California school districts that forced gender disclosure policies violate the California Constitution and state anti-discrimination laws. The Attorney General specifically noted that such policies unlawfully target transgender and gender-nonconforming students, and violate equal protection guarantees and students’ right to privacy under the California Constitution. The legal alert emphasized that minors, like adults, have a constitutional right to privacy regarding their gender identity and that policies forcing disclosure to parents without student consent could not survive strict judicial scrutiny.
On July 15, 2024, Governor Gavin Newsom signed the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act into law. The SAFETY Act, which took effect on January 1, 2025, explicitly prohibits school districts from passing policies requiring disclosure of a student’s gender identity without their consent. The law states that any such policy is automatically void and unenforceable.
PERB reviewed the case de novo, applying a four-part test to determine whether the District unlawfully changed working conditions without bargaining. PERB found that: (1) the District fundamentally altered existing policies, (2) the change fell within the scope of representation because it affected teachers’ and counselors’ job duties, (3) the policy had a continuing impact on employment conditions, and (4) the District failed to provide adequate notice and an opportunity to bargain. PERB also ruled that bargaining over the effects of the policy was invalid because the policy itself was unlawful, meaning RTPA was not obligated to negotiate its implementation. PERB found that the District’s refusal to bargain before adoption and its insistence on bargaining only over the effects of an illegal policy amounted to bad faith bargaining. PERB emphasized that school employees cannot be required to violate state law as a condition of employment.
PERB ordered the District to rescind the policy, cease making unilateral changes without bargaining, post a notice of the ruling at all District worksites, and notify PERB of compliance.
Rocklin Unified School District, PERB Dec. No. 2939-E (Jan. 28, 2025).