A federal trial court in California (which does not govern Illinois school districts) recently ruled in Mirabelli v. Olsen that California’s statewide “parental exclusion policies,” which barred teachers from telling parents when their child adopted a different gender identity at school, are unconstitutional. California then appealed the trial court ruling to the Ninth Circuit Court of Appeals and also requested an emergency “stay” of the trial court ruling.
The Appellate Court, on January 5th, granted the state’s request and barred enforcement of the trial court order pending the appeal. Parents’ attorneys, in turn, have stated that they will seek U.S. Supreme Court intervention to reinstate the trial court’s ruling pending appeals.
The trial court ruling at issue held that parents have a fundamental Fourteenth Amendment right to receive information necessary to direct their child’s medical care and upbringing, and that teachers, in turn, have First Amendment rights to share accurate gender‑identity information with parents voluntarily. The judge permanently enjoined the State of California from enforcing any policy that prevents teachers from informing parents, rejecting California’s reliance on state privacy laws, and affirming that federal constitutional rights take precedence. (As the Judge put it, “California schools may be gun-free zones, but they are not First Amendment free zones.”) It is this Order that the Appellate Court has stayed.
Although California passed AB 1955, which prohibits forced disclosure, the court emphasized that the state still uses or could use other laws and policies to block voluntary disclosure, leaving teachers uncertain and parents uninformed. As a result, the court issued summary judgment for the parents and teachers and permanently barred the state from enforcing policies that prevent teachers from voluntarily informing parents about a student’s gender identity at school.
Illinois currently does not have statewide “parent exclusion” statutory or regulatory requirements. The issues arising from communication between a parent and the school of a student’s gender preferences are complex (as indicated by the California court rulings) and can lead to public relations and media issues as well as difficult and expensive litigation.
Contact Michelle Todd or any of our student/special education attorneys with your inquiries.
Source: Mirabelli v. Olson, No. 3:23-cv-00768-BEN-WVG, slip op. at ___ (S.D. Cal. December 22nd, 2025)
