https://www.city-journal.org/article/transgender-secrecy-policies-at-public-schools
More than 10 million American children attend public school in districts that require employees to hide students’ gender transitions from their parents. The revelation of how widespread secrecy polices are comes thanks to a list compiled by the parental-rights advocacy organization Parents Defending Education. While the prevalence of these policies is alarming in itself, the philosophy underlying them is what parents should be most concerned about.
Districts are using legal theories pushed by activist groups like the Gay, Lesbian & Straight Education Network (GLSEN). Among the most important are that children have a federally guaranteed right to privacy from their parents in school, that the Fourteenth Amendment to the U.S. Constitution establishes children’s right to transition without the consent or knowledge of their parents, and that Title IX of the Education Amendments of 1972 protects transgender students from the “harassment” of school districts “outing” them to non-compliant parents. The Title IX theory, the most chilling, is supported by the radically progressive notion that parents represent a danger to the welfare of transgender children until they prove otherwise by providing “affirmation.”
School districts that buy into these theories are not merely embracing the idea that hiding children’s gender transitions from their parents is legal, but that divulging the information without the child’s consent is illegal and possibly perilous to the student’s safety. In Dover, Pennsylvania, for example, a mother of a middle school student castigated a local school board after discovering that school staff had been addressing her 12-year-old daughter with male pronouns for a year. School officials even sent the child to a hospital for an evaluation without informing the parents. When the mother confronted the school board, she was told that there was a law against informing her. School boards in Chico, California, New Castle, Maine, and beyond have said the same.
No such law exists, however—and the legal theories pushed by activist groups to legitimize secrecy policies are baseless.
The law that districts most commonly cite is the Family Educational Rights and Privacy Act (FERPA). That’s likely due to boilerplate policy language promulgated by GLSEN that claims FERPA establishes a child’s right to privacy from their parents. This interpretation of the law is also pushed by public education groups like the Pennsylvania School Counselors Association, which told a local media outlet that “Transgender and nonbinary students have a FERPA-protected right to privacy.”