When students change gender identity, and parents don’t know

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Jessica Bradshaw found out that her 15-year-old identified as transgender at school after she glimpsed a homework assignment with an unfamiliar name scrawled at the top.

When she asked about the name, the teenager acknowledged that, at his request, teachers and administrators at his high school in Southern California had for six months been letting him use the boy’s bathroom and calling him by male pronouns.

Bradshaw was confused: Didn’t the school need her permission, or at least need to tell her?

It did not, a counselor later explained, because the student did not want his parents to know. District and state policies instructed the school to respect his wishes.

“There was never any word from anyone to let us know that on paper, and in the classroom, our daughter was our son,” Bradshaw said.

The Bradshaws have been startled to find themselves at odds with the school over their right to know about, and weigh in on, such a major development in their child’s life — a dispute that illustrates how school districts, which have long been a battleground in cultural conflicts over gender and sexuality, are now facing wrenching new tensions over how to accommodate transgender children.

The Bradshaws accepted their teenager’s new gender identity, but not without trepidation, especially after he asked for hormones and surgery to remove his breasts. Doctors had previously diagnosed him as being on the autism spectrum, as well as with attention deficit hyperactivity disorder, PTSD and anxiety. He had struggled with loneliness during the pandemic, and, to his parents, seemed not to know exactly who he was yet, because he had repeatedly changed his name and sexual orientation.

Given those complexities, Bradshaw said she resented the fact that the school had made her feel like a bad parent for wondering whether educators had put her teenager, a minor, on a path the school wasn’t qualified to oversee.

“It felt like a parenting stab in the back from the school system,” she said. “It should have been a decision we made as a family.”

The student, now 16, told The New York Times that his school had provided him with a space to be himself that he otherwise lacked. He had tried to come out to his parents before, he said, but they didn’t take it seriously, which is why he asked his school for support.

“I wish schools didn’t have to hide it from parents or do it without parental permission, but it can be important,” he said. “Schools are just trying to do what’s best to keep students safe and comfortable. When you’re trans, you feel like you are in danger all the time. Even though my parents were accepting, I was still scared, and that’s why the school didn’t tell them.”

Although the number of young people who identify as transgender in the United States remains small, it has nearly doubled in recent years, and schools have come under pressure to address the needs of those young people amid a polarized political environment where both sides warn that one wrong step could result in irreparable harm.

The public school that Bradshaw’s son attends is one of many throughout the country that allow students to socially transition — change their name, pronouns, or gender expression — without parental consent. Districts have said they want parents to be involved but must follow federal and, in some cases, state guidance meant to protect students from discrimination and violations of their privacy.

Schools have pointed to research that shows that inclusive policies benefit all students, which is why some education experts advise schools to use students’ preferred names and pronouns. Educators have also said they feel bound by their own morality to affirm students’ gender identities, especially in cases where students don’t feel safe coming out at home.

But dozens of parents whose children have socially transitioned at school told the Times they felt villainized by educators who seemed to think that they — not the parents — knew what was best for their children.

Many advocates for LGBTQ youth counter that parents should stop scapegoating schools and instead ask themselves why they don’t believe their children. They said ensuring that schools provide enough support for transgender students is more crucial than ever, given the rise of legislation that blocks their access to bathrooms, sports and gender-affirming care.

These disputes are unfolding as Republicans rally around “parental rights,” a catchall term for the decisions parents get to make about their children’s upbringing. Conservative legal groups have filed a growing number of lawsuits against school districts, accusing them of failing to involve parents in their children’s education and mental health care. Critics say groups like these have long worked to delegitimize public education and eradicate the rights of transgender people.

The debate reflects how the interests of parents and those of their children do not always align, said Justin Driver, a Yale Law School professor who has written a book about constitutional conflict in public schools. “These cases underscore how those interests can diverge in spectacular ways, even about core issues of identity.”

The Times interviewed more than 50 people, including parents and their children, public school officials and lawyers for both LGTBQ and conservative advocacy groups. In cases where parents asked to remain anonymous to protect the privacy of their children, the Times made extensive efforts to corroborate their claims.

One mother in California shared messages that her teenager’s teacher had sent through the school’s web portal encouraging the student to obtain medical care, housing and legal advice without the parents’ knowledge.

A lawsuit filed against a school district in Wisconsin included a photo of a teacher’s flyer posted at school that stated: “If your parents aren’t accepting of your identity, I’m your mom now.”

At schools in states such as Michigan and New York, parents said that teachers had used a student’s new name in class but the old one with them, so that they wouldn’t be aware of the change.

But other states, such as Florida, Alabama and Virginia, have passed sweeping laws or issued guidance that prohibit schools from withholding information about gender identity from parents.

Some teachers have been penalized for notifying parents that their children changed names and pronouns at school. One father in Massachusetts, Stephen Foote, said he had only learned that his 11-year-old had done so after the child’s sixth-grade teacher, Bonnie Manchester, confided in him. Manchester was later fired, in part for disclosing “sensitive confidential information about a student’s expressed gender identity against the wishes of the student,” according to her termination letter.

Foote sued the school district, accusing it of violating his parental rights. A lawyer for the district said it disagreed with Foote’s version of events. Manchester said she didn’t regret her actions.

“I shined a light on something that was in the dark,” Manchester said. “I was willing to lose my job.”

Since 2020, at least 11 lawsuits alleging that these policies violate parental rights have been filed against school districts by parents who are represented by conservative legal groups, such as the Alliance Defending Freedom, an organization with a long history of backing cases targeting the rights of gay and transgender people.

Courts have ruled that under the Fourteenth Amendment, parents get to make medical and mental health decisions for their children, as well as direct their education and upbringing in other ways, unless they are abusive or unfit. But lawyers for schools have countered that parental rights aren’t absolute. Under the Biden administration, the Department of Education has said that discriminating against students based on gender identity violates federal policy, although its guidance doesn’t specifically address parental rights.

The son of Jessica Bradshaw, the mother in Southern California, said he has empathy for parents who find it hard to accept that their children are transgender. But he also expressed frustration.

“When parents say they need time or patience it can feel kind of like an excuse for them to keep misgendering you,” he said. “It feels like they are grieving for someone who is not dead, and it makes you feel like you’re not good enough.”

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