Parenting the State: A Constitutional Case for Parental Notification Policies in California School Districts

In July 2024, the State of California passed the Support Academic Futures & Educators for Today's Youth Act (SAFETY Act). This law prevents school districts from implementing policies that would require school personnel to disclose information related to a student's gender identity to their parents without that student’s consent. The U.S. Supreme Court has yet to consider the constitutionality of such a law and the parental notification policies it aims to invalidate. In light of U.S. Supreme Court precedent, this note will argue for the unconstitutionality of the SAFETY Act and the constitutionality of parental notification policies by primarily utilizing the Washington v. Glucksberg analysis and the presumption that parents possess their child's best interest as established in Parham v. J.R.