Orange Unified approves transgender parental notification policy


With three trustees ultimately absent for the vote, citing safety concerns, the Orange Unified School District board passed a transgender parental notification policy just before midnight.

Micki Simon, a teacher in Santa Ana and a parent of transgender child protests against the transgender notification policy outside the Orange Unified School District meeting where the board will decide if OUSD will implement a transgender notification policy
in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

The Orange Unified School District board meets to decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Ben Richards, center, founder of SoCal Parents Advocates uses a megaphone to lead protestors in favor of the transgender notification policy outside the Orange Unified School District where the board is meeting to decide if the OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Peyton Chambers, center, of Planned Parenthood protests against the transgender notification policy outside the Orange Unified School District where the board will decide if the OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Supporters of the transgender notification policy and those against it face off outside the Orange Unified School District meeting where the board will decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

People against the transgender notification policy protest outside the Orange Unified School District meeting that will decide if the OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Pastor Luis Olan, center, leads a group of protesters in favor of the transgender notification policy outside the Orange Unified School District where the board is meeting to decide if the OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Protestors against the transgender notification policy protest outside the Orange Unified School District meeting where the board will decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

A group of protesters in favor of the transgender notification policy raise their arms in prayer outside the Orange Unified School District meeting where the board will decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Pro-transgender notification protestor Ben Richards, left, confronts a protester against the notification policy outside the Orange Unified School District meeting where they will decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Assemblymember Bill Essayli, left, who has pushed for parental notification policies from the legislature, speaks to a group of protesters in favor of the proposed transgender notification policy before the start of an Orange Unified School District meeting where the board will decide if the OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

The Orange Unified School District board meets to decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

OUSD officials, Orange police and security guards attempt to breakup a melee that broke out after a woman interrupted the meeting with a megaphone during an Orange Unified School District board that was deciding if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

OUSD’s Heriberto Angel, center right, and Orange police attempt to remove a woman using a megaphone that sparked a melee during and Orange Unified School District board meeting that was deciding if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

A security guard escorts a woman using a megaphone out of the board room after she sparked a melee during an Orange Unified School District board meeting to decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Manuk Grigoryan, left, raises a flag as supporters cheer him on following his public comments during a Orange Unified School District board meeting to decide if OUSD will implement a transgender notification policy in Orange on Thursday, September 7, 2023. (Photo by Leonard Ortiz, Orange County Register/SCNG)

After a melee broke out during public comments at an Orange Unified School District board meeting three of the board members, Kris Erickson, Andrea Yamasaki, and Ana Page did not return to their seats. in Orange on Thursday, September 7, 2023. The board members that remained were, from left, John Ortega, Angie Rumsey, board president Rick Ledesma and Madison Miner. (Photo by Leonard Ortiz, Orange County Register/SCNG)

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The policy requires a certificated staff member or principal to inform parents if their child — who is under 12 years of age — is requesting to use different names or pronouns or requests to change sex-segregated programs such as athletic teams or changing facilities that differ from the student’s “assigned biological sex at birth.”

If the student is over 12, it is up to a school counselor or psychologist to decide if it is appropriate to inform the family.

Board members finally voted around 11:30 p.m. after several interruptions and delays during an acrimonious meeting. At one point, a demonstrator stood and shouted through a megaphone, causing a ruckus and a bit of a skirmish, and the meeting was briefly paused.

When the meeting resumed, Trustees Kris Erickson, Ana Page and Andrea Yamasaki were absent and did not return for the vote. Board President Rick Ledesma and Trustees John Ortega, Angie Rumsey and Madison Miner were left to vote on the policy, and all were in agreement.

“This is a vote for the safety of our kids,” said Miner. “Keeping parents aware of what is happening is the only way we can move forward towards safety in our district.”

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The policy was tweaked from the version detailed during OUSD’s August meeting.

“I had some questions regarding the language and formatting and needed clarification of the policy,” Rumsey said in a brief interview. “I think this was done in collaboration with the OUSD district attorney, and then presented during this board meeting as the second reading.”

That original policy said parents would be notified by writing within three days if a student requested to use a different name or pronoun or wanted to change sex-segregated programs such as athletic teams or changing facilities that differ from the student’s “assigned biological sex at birth.” That policy had no mention of an age component.

Multiple California school districts have enacted or considered similar parental notification policies, including Murrieta Valley Unified, Chino Valley Unified, Temecula Valley Unified and Rocklin Unified.

Demonstrators packed the OUSD building and parking lot and all down Handy Street ahead of and throughout the meeting. Brightly colored signs expressed various viewpoints: “Predators keep secrets,” read one sign. “Protect our LGBTQ+ from bigots,” said another.

And the more than three hours of public comment was emotional and raucous at times. A cacophony of cheers and boos rang out for most speakers, and some speakers held props like American flags; light blue, pink and white transgender flags; or even graphic photos.

While a man with a large American flag was speaking, another audience member stood up, shouting with a megaphone various comments against the policy. Many attendees rushed to see or video the interruption, and security escorted the demonstrator out of the building.

HAPPENING NOW:

An attendee of the OUSD board meeting interrupted, shouting through a megaphone about the policy. Chaos then ensued.

Trustees Kris Erikson, Andrea Yamasaki, Ana Page, and Superintendent have now left yet the meeting continues.#ousd #ParentalRights pic.twitter.com/YLFZgDEW6O

— Annika Bahnsen (@annika_bahnsen) September 8, 2023

That’s when the three trustees opposed to the policy left.

“I will not be coming back to the meeting,” Yamasaki said by email. “During the chaos, direct threats were made to trustees in the minority and the crowd was getting increasingly aggressive. There was no crowd control, and I felt that the personal safety of my colleagues and myself was compromised.”

Ledesma expressed his “disappointment” regarding his fellow board members leaving the meeting. “The board members who left are not following through with their duty to this district,” he said.

Neither Erickson nor Page immediately responded Thursday night to requests for comment.

Opponents of the parental notification policy pointed to Attorney General Rob Bonta’s lawsuit challenging the Chino Valley policy. Earlier this week, a judge granted a temporary restraining order, halting the policy out of an “abundance of caution.” The judge said the policy was too broad but noted that while most parents are not a danger to their children, there are exceptions.

At the start of Thursday’s meeting, Erickson attempted to move OUSD’s debate to next month, after a formal hearing in the Chino Valley case, but the board voted 4-3 against the delay.

Politicians got involved Thursday as well. Assemblymember Bill Essayli, R-Riverside, attended a rally with the Interfaith Coalition of Orange County in support of the policy ahead of the meeting. He sponsored legislation similar to this policy in Sacramento; it failed to pass this year.

He said he had a message for Bonta: “Do your job. Focus on crime. Leave parents alone.”

Sens. Tom Umberg, D-Santa Ana, and Josh Newman, D-Fullerton, spoke out against the policy through representatives.

It is HEATED at Orange Unified!

About five different protest groups are clashing outside of the meeting room.

Tonight, the OUSD board will make a decision regarding the adoption of the controversial Parent Notification Policy.

Check back for updates! #ParentalRights #ousd pic.twitter.com/EbT8b6frF5

— Annika Bahnsen (@annika_bahnsen) September 8, 2023

Cheers and boos broke out when Ledesma announced the final vote in favor of the parental notification policy. After the room cleared, the board moved on to other business.

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