In an effort to create a more inclusive environment for transgender students, some states and school districts have implemented policies that prevent school staff from disclosing a student’s gender identity or chosen name, particularly if the student feels their parents are not “supportive” of the change. While these policies are intended to protect students from potential harm or harassment, they create significant challenges for parents’ involvement in the educational process, especially for students with disabilities.
Under the Individuals with Disabilities Education Act (IDEA), parents of children with disabilities are guaranteed certain rights, including the ability to participate in decisions regarding their child’s Individualized Education Program (IEP). This includes decisions about special education eligibility, testing accommodations, modified curriculum, and career planning. Parental involvement is so integral that a student cannot be assessed for special education eligibility, or placed into special education, without the parents’ written consent.
For parents to effectively advocate for their child, they must have access to complete and accurate information. When schools withhold information about a child’s gender identity or related emotional issues, it can obstruct parents’ ability to make informed decisions. While this lack of transparency is problematic for all children, it is particularly detrimental for students with disabilities, whose rights are in part upheld by their parents’ ability to participate fully in their education.
When parents are denied vital information, they are unable to effectively support their child’s educational needs or advocate for necessary adjustments. This is especially concerning for students with disabilities, as their educational rights are often dependent on their parents being actively involved in decisions that affect their development and well-being.
In cases where a teacher suspects that a student might be at risk of abuse due to their gender identity, or for any other reason, educators are legally and ethically required to report these concerns to authorities. Established processes are in place to address potential abuse. However, assuming that a parent is unsupportive of a child’s gender identity based solely on the child’s perspective — without clear evidence of harm — is not equivalent to abuse and should not be used as a justification for withholding critical information from parents.
The decision to exclude parents from educational decision-making, based on staff assumptions about a family’s views, is deeply problematic. Schools typically do not withhold information from parents on other issues, even when there are disagreements between students and their families or school staff. Schools also make concerted efforts to include families with cultural or belief differences in educational decisions. Moreover, schools are generally prohibited from making medical or health-related decisions for students. For instance, an IEP team cannot recommend medication for a child with ADHD without family input and approval.
In short, while the intent of policies that protect transgender students is to create safe and supportive environments, they should not come at the cost of parental rights, particularly for students with disabilities. Ensuring that parents have access to all relevant information is crucial for them to advocate effectively for their child’s education and well-being.