School Policies that Facilitate a Student’s Name, and Gender Identity Change without Informing Parents, are Legally Flawed, Ethically Troubling, and Constitutionally Indefensible
DOI:
https://doi.org/10.14738/assrj.1301.19819Keywords:
School transgender transition policies, name change, gender identity change, parent informed consent, U.S. constitution, education lawsAbstract
School policies that permit or require the concealment of a child’s gender identity change from parents are legally indefensible, constitutionally impermissible, and ethically troubling. Such policies: Violate state civil rights laws that require parental and judicial approval for a minor’s legal name or sex designation change; Conflict with state education codes that guarantee parents full access to their child’s educational records; Breach federal statutes, including the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), and Title IX, as clarified by the U.S. Department of Education in its 2025 guidance; Infringe upon the fundamental rights of parents to direct the upbringing, care, and education of their children, as protected by the Due Process Clause of the Fourteenth Amendment; and Circumvent informed consent laws that safeguard minors from unauthorized or non-consensual psychological or medical interventions. School transgender transition policies not only violate legal and ethical boundaries but also endanger vulnerable children by exposing them to the risk of long-term harm, all while unlawfully undermining the parent-child relationship - a cornerstone of American law and societal stability.
References
Troxel v. Granville, 530 U.S. 57, 66 (2000).
Pierce v. Society of Sisters, 268 U.S. 510 (1925).
Meyer v. Nebraska, 262 U.S. 390 (1923).
Parham v. J.R., 442 U.S. 584, 602 (1979).
N.Y. Civ. Rights Law §§ 60–67; § 6-A.
In Matter of Cody VV., 2024 NY Slip Op 00961.
New York State Education Department guidance. Creating a safe, supportive, and affirming school environment for transgender and gender expansive students (2023).
Family Educational Rights and Privacy Act (FERPA); 20 U.S.C. § 1232g (1974).
Protection of Pupil Rights Amendment (PPRA) 20 U.S.C. § 1232h and 34 C.F.R. Part 98 (1978).
U.S. Department of Education - Directs Schools to Comply with Parental Rights Laws. Student Privacy Policy Office Guidance (Mar. 28, 2025).
Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018).
Tennessee v. Cardona, 737 F. Supp. 3d 510 (E.D. Ky. 2024),
Texas v. Cardona, 2024 WL 3658767, at *31 (N.D. Tex. Aug. 5, 2024).
Mathews v. Eldridge, 424 U.S. 319 (1976),
New York Mental Hygiene Law § 33.21.
Remien K, Kanchan T. Parental Consent. In: StatPearls Publishing [internet]; Treasure Island (FL)(2022).
Vrouenraets LJJJ, de Vries ALC, Arnoldussen M, Hannema SE, Lindauer RJL, de Vries MC, Hein IM. Medical decision-making competence regarding puberty suppression: perceptions of transgender adolescents, their parents and clinicians. Eur Child Adolesc Psychiatry. 32(11):2343-2361 (2023)
Mahanoy Area Sch. Dist. v. B.L., 141 S. Ct. 2038 (2021).
Morrow v. Wood, 35 Wis. 59 (1874).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Peter E. Murray

This work is licensed under a Creative Commons Attribution 4.0 International License.
