San Diego, California — A federal appeals court has temporarily paused a lower court ruling that would have allowed California public school employees to disclose information to parents about a student’s gender presentation without the student’s consent, signaling continued legal uncertainty over how schools handle sensitive gender-related disclosures.
The 9th U.S. Circuit Court of Appeals issued a short-term administrative stay on a decision by U.S. District Judge Roger Benitez while it considers whether to grant a longer stay during the state’s appeal. The appeals court is expected to rule on that request next week.
Benitez’s ruling stemmed from a lawsuit filed by two Escondido Union School District teachers challenging a district policy that barred staff from revealing a student’s transgender or gender-nonconforming status without consent. Benitez concluded that parents have a constitutional right to be informed about their child’s gender presentation at school and issued a permanent injunction preventing the state from interfering with such disclosures.
California officials argued the ruling conflicted with state law, including AB 1955, which limits when schools can require disclosure of a student’s sexual orientation or gender identity. State attorneys warned the decision could expose students to harm by undermining privacy protections they relied on when confiding in educators.
The appeals court’s pause does not resolve the underlying dispute but temporarily preserves existing practices while judges weigh the broader implications. The case highlights ongoing tension between parental rights, student privacy, and the role of schools in navigating deeply personal matters amid shifting state guidance.
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