California Gov. Gavin Newsom has vetoed a bill that would have directed the State Board of Education to approve new teaching for health classes in elementary and middle schools.
The bill, sponsored by Assemblywoman Tasha Boerner, a Democrat who represents Encinitas, California, sought to compel the State Board of Education to finalize health education resources by mid-2028. These materials were to follow the guidelines set in a 2019 statewide plan for health instruction.
In explaining his choice, Newsom said the bill should be considered only after finishing an ongoing evaluation of health teaching programs across California. This study aims to assess current practices and identify potential improvements before mandating new tools.
According to opponents of the measure, implementing the bill could lead to introducing lessons as early as third grade that teach children that reproductive organs do not always align with an individual’s sense of gender.
“Teaching controversial gender theories to students as young as eight or nine years old is not a practice that most Californians support, nor want to see happening in our schools,” state Senate Minority Leader Brian Jones, a Republican from Santee, wrote in a Sept. 26 letter to the governor, urging him to veto the bill.
Jones, in his letter, wrote that the 2019 health framework “introduces the theory that reproductive anatomy does not necessarily determine a person’s gender.”
Supporters of Assembly Bill 86, including some education advocates, considered it a step to ensure consistent, up-to-date resources that cover vital topics such as growth, safety, and well-being. The 2019 framework, which the bill referenced, encourages talks on gender identity.
The framework states that fifth graders “will have an opportunity to learn that gender is not strictly defined by physical anatomy or sex assigned at birth.”
It also suggests activities that challenge assumptions about gender roles, such as reading stories about children who defy stereotypes in dress or behavior.
The 2019 health framework, adopted under Newsom’s administration, built on laws such as the California Healthy Youth Act, which mandates lessons on sexual orientation, gender, and relationships. It allows parents to opt their children out of the sexual education and HIV prevention curriculum but does not allow families to opt out of materials that discuss gender, gender identity, gender expression, and sexual orientation, according to the American Civil Liberties Union and California Teachers Association’s interpretation of the law.
Boerner, the bill’s author, did not respond to requests for comment on the veto.
Other Bills Vetoed
AB 86 was one of 20 bills Newsom vetoed on Oct. 1. Among them was Senate Bill 274, which would have set new guidelines for automated systems that scan vehicle license plates. Advocates for privacy had backed the bill to require data deletions and audits, but Newsom said that it might hamper law enforcement efforts against crime.
In environmental policy, he vetoed AB 399, which proposed easing permits for projects capturing carbon along the coast. Newsom rejected the proposal over financial constraints.
“While I share the author’s desire to accelerate novel nature-based climate solutions, this bill creates a new, unfunded program,” he wrote on Oct. 1. “It is vital that we remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.”
Ian Henderson contributed to this report.
