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Parent sues Encinitas Union School District over denied request to opt-out over gender identity book

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ENCINITAS, Calif. (KGTV)— One parent is taking legal action against the Encinitas Union School District after he claims his son was forced to read a book on gender ideology without being notified.

Carlos Encinas, the father of a fifth grader at La Costa Heights Elementary, is suing the district after he says they denied his request for notice and opt-outs on curriculum teaching gender identity. He believes it's a violation of his family's religious beliefs.

"Once we understood what the book was about as parents -- we were outraged."

It's over the book "My Shadow is Pink," a rhyming story that touches on gender identity.

"Anybody that looks at the book would agree that this book is about gender ideology, and that's against our values and our Christian faith," Encinas explains. "We wrote the school to try to understand more about that more than anything," he says. "We just wanted to make sure that we could opt out of that if it happened in the future."

And now, he's just asking for parents to have a choice and to be in the know.

"So this is really a request for this district to allow parents to have advanced notification and the ability to opt-out," says Encinas. "So they can decide for themselves what is being taught and then make a choice as to whether their children can participate in that or should participate in that."

This is the latest action by parents across the state following Governor Gavin Newsom's "Safety Act"- a measure aimed at creating a "safe space for students 12 and under." But some parents don't see it that way.

In San Diego County, other school districts have taken action against this sort of move to achieve transparency.

In August, the Cajon Valley Union School District voted in favor of a 'Parental Bill of Rights, ' which required staff to notify parents when their child changes their gender identity or pronouns. Soon after, the Lakeside Union School District followed suit, with parents saying they needed to be involved in their children's education.

The Encinitas Union School District issued a statement to ABC 10News that reads in part:

"As this matter involves ongoing litigation, we are unable to provide any specific comments or statements at this time. Please be assured that Encinitas Union School District is committed to upholding the highest standards of education and student welfare."

In the meantime, Encinas says he is going to continue to push for a choice.

"You know, as Christians, we disagree with this, but this really applies to anybody, whether they're religious or not."