A look at the policies surrounding non-binary students and parental notification
Image: Education Week
On Monday, California’s attorney general sued a Southern California school district over its new policy requiring schools to notify parents if their children change gender identification or pronouns.
⚖️ The arguments: AG Rob Bonta is claiming the Chino Valley Unified School District’s new policy violates non-binary students’ civil rights under three laws: California’s equal protection clause, its education and government code, and the US Constitution’s right to privacy.
- AG Bonta also singled out a handful of other school districts near Chino Valley Unified with similar policies, saying they will also be affected by the lawsuit despite not being explicitly named.
Chino Valley Unified officials argue their new policy isn’t breaking any laws, since “parents have a constitutional right in the upbringing of their children” under the 14th Amendment.
- They also note the policy is intended to protect non-binary students by requiring schools to notify social services or law enforcement if the student believes they’re in danger. In such circumstances, staff wouldn't notify parents until the appropriate agencies have investigated the concern.
📸 Big picture: At least a dozen bills have been introduced this legislative session in as many states that would require schools to alert parents of gender identity changes in most circumstances.
On the flip side, more than 1,000 school districts across the US have rules on the books preventing faculty and staff from disclosing a student’s gender status to parents without permission, per a list compiled by the conservative group Parents Defending Education.
- Since 2020, parents in at least six states have sued school districts over such policies, though none of the plaintiffs have had a judgment in their favor to date.
📊 Flash poll: Which of the following three choices best matches your opinion?
Schools should be required to disclose gender status to parents
Schools should be required to keep gender status private without permission
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that disclosing a student’s non-binary identity means they are more likely to be harassed and bullied, and may also violate the student’s right to privacy.
- Others contend that while parental rights in regards to their children are important, so too are the rights of the child, who should be allowed to choose whether to share private information.
- “Bills to scare and shame transgender kids are despicable” –South Florida Sun Sentinel Editorial Board
- “Iowa school district finds the correct balance by respecting trans students' rights” –Des Moines Register Editorial Board
- “Parent involvement critical in transgender decisions” –Gretchen Lefever Watson, The Virginian-Pilot
Sprinkles from the Right
- Some commentators argue that parents have a right to know which gender and pronouns their kids identify as while in school, noting that adolescents don’t always know what’s best for them – especially something as complex and life-changing as gender transition.
- Others contend that rules preventing schools from notifying parents about their child’s gender identity operate under the false assumption that children need protection from their parents, when the opposite is almost always the case.
- “Parents of trans kids have a right to know” –Dallas Morning News Editorial Board
- “Lying to parents about trans kids hurts kids” –Mona Charen, The Bulwark
- “‘Woke’ school districts are keeping parents in the dark” –Rep. Virginia Foxx (R-NC)
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