JANUARY 2024 | Volume 2 | Number 1
Welcome to the January 2024 ACCS Legal Update!
I hope you all enjoyed a very merry Christmas and that 2024’s opening days have been blessed. The early days of the new year offer a perfect opportunity to review the year behind, with the hope of being better prepared for the year ahead. In this edition, we will address some legislation and decisions made in 2023 that could affect 2024 and beyond.
“As California Goes, So Goes the Nation”
The old expression “as California goes, so goes the nation” originally served as a compliment to the economic, governmental, and cultural sense of adventure and optimistic progress the state once embodied. However, should the expression prove true in education, it would be concerning indeed.
In 2023, California state legislators introduced a multitude of bills focused on schools and the gender identity of minors, the majority of which were signed into law by Governor Gavin Newsom in September. Some of these laws went into effect immediately, others on New Year’s Day.
Assembly Bill 5 (A.B. 5) requires the California Department of Education to develop and deliver mandatory “training annually to all certificated staff, beginning with the 2025-26 school year through the 2029-30 school year, on cultural competency in supporting lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students.” The training seems to focus on equipping teachers to identify students who may be considering LGBTQ+ lifestyles, particularly those who may not receive endorsement or support at home or school. Opponents warned that the bill would serve to drive a wedge between children and their parents, but it was passed overwhelmingly and signed into law by Gov. Newsom on September 23rd, 2023.
A related bill, A.B. 1314, attempted to slow the bypassing of parental notification and involvement. Proposed by Republican Assemblyman Bill Essayli, the bill would require schools to notify parents if their child indicated that they wanted to pursue a different gender identity. The bill was never given a hearing and died in committee. In response, Essayli warned, “They believe the government owns our children and that parents do not have a right to know what is happening with their own children at school.”
A.B. 1078 essentially bans book bans. While this would be an encouraging development, when it results in the preservation of classic texts, this California bill focuses on LGBTQ+ literature. The bill’s rationale is direct and specific: “Restricting access to classroom and library materials because they feature LGBTQ people or were written by LGBTQ authors discriminates against LGBTQ people and constitutes censorship in violation of California law and policy.” A.B. 1078 requires all state schools and districts to follow specific steps and obtain approval before being allowed to remove materials, under penalty of state fines. Gov. Newsom signed the bill on September 25th, 2023.
Those interested can delve further into other bills, all focused on LGBTQ+ matters among children in state schools – A.B. 223, S.B. 760, and S.B. 857 – and all signed into law on September 23rd, 2023.
Exploring why lawmakers would engage in such a barrage of legislation on these issues is beyond the scope of this update, though it is certainly an urgent question. So, why address this at all? After all, these laws do not currently affect private schools, even in California. However, the dominant concern for private and Christian schools rests in the spirit of these laws. Each of these pieces of legislation knowingly and intentionally bypasses the rightful authority of parents, guardians, school administrations, school districts, and parental organizations. It would be foolish to think the same legislators would balk at bypassing private or Christian school authority.
Going one step further, awareness of such cases is paramount, particularly given that American law is determined chiefly by precedent. If these California laws stand, it is possible that they would be seen as secondary authority (that is, not binding, but still authoritative) in determining laws in other states. In other words, while no immediate danger exists for ACCS schools, this trend should be watched carefully.
In the meantime, it would be wise for headmasters and school boards to review school documentation and policies to ensure expectations regarding sexual ethics and gender ideology are clear, thereby mitigating risk of confrontation over these issues within the school community:
- Statements of faith and/or core values
- Codes of conduct for employees, students, and families (as determined by school practice)
- Admissions policies and procedures
- Hiring policies and procedures
On a more optimistic and positive note, ACCS schools can and should be a haven to those families who will seek refuge in the face of such legislation. Let us pray that God will build and bless faithful schools with growth and ministry opportunities in the face of continued cultural chaos!
God bless you all and give you wisdom in these early days of 2024!
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.