We may have seen some big wins in the midterms (and a few unpleasant losses, in the form of ballot initiatives that will hopefully never be enacted), but folks, that won’t stop the Trump administration from haranguing transgender people and anybody who supports them.
On November 9, the Department of Education announced that they would be “[continuing] efforts to protect parental rights,” meaning, of course, that their Student Privacy Policy Office would be investigating multiple school systems to determine whether or not they had violated the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment. You may remember the PPRA from previous Assigned coverage over an investigation of nefarious transgender dolls in Minnesota prompted by Moms for Liberty, an extremist hate group.
Trump’s Department of Education alleges (via Fox News citation) that public schools in Albuquerque and Santa Fe “maintain policies that prevent school personnel from sharing information about a child’s ‘gender transition’ or ‘gender identity’ with their parents.”
You see, when Secretary of Education Linda McMahon talks about parental rights, she means parents’ right to know when their kids want to be addressed by a new name or pronouns, even though forcibly outed queer kids are at serious risk of abuse and abandonment.
“In Santa Fe, students were allegedly asked what preferred name or pronoun they wanted to use in class—all without parents knowing or consenting,” the department’s press release reads. Goodness, what a nightmarish scenario… imagine children—who are full human beings and deserve autonomy and privacy—deciding how they want to be addressed by their teachers and peers.
“Policies designed to conceal or hide the most sensitive information about a child’s well-being not only violate federal law but also educators’ moral obligation to let parents be the first decision-makers in their child’s lives,” said McMahon. “We will vigorously investigate these allegations and hold districts accountable to bring parents out of the dark.”
What do the public school systems in Albuquerque and Santa Fe have to say about these accusations? Well, Santa Fe Public Schools said they haven’t even received notification of an investigation!
“Santa Fe Public Schools remains committed to providing a safe, welcoming, and respectful learning environment where every student feels valued and supported,” an SFPS spokesperson told Source New Mexico. “Should we receive an official inquiry, we will respond appropriately and cooperate with the process. We recognize and respect the essential role parents and guardians play in their children’s lives and education. Our district policies and procedures reflect that commitment, including requiring parental involvement and consent for changes to a student’s name or gender marker in our official student information system.”
Albuquerque Public Schools’ response to Source New Mexico was briefer: “APS policies and procedures adhere to FERPA guidelines. We have been notified of the investigation and will respond through the appropriate channels.”
It’s hard to say what these “investigations” will lead to. Trump’s go-to move has been threatening to freeze federal funds for schools that refuse to mistreat their trans students, but the power to allocate federal funding belongs to Congress, as the First Circuit Court of Appeals has had to remind him.
That said, the Supreme Court has ruled in at least one similar case (California’s Mirabelli v. Bonta) that states may not prevent schools from sharing information about a student’s gender identity with their parents. Whether or not school systems can make those decisions for themselves has yet to be fully litigated, and it seems like the Supreme Court isn’t rushing to have that debate.
It’s also entirely possible that APS and SFPS will simply acquiesce to Linda McMahon’s demands, to spare themselves the headache of protecting their students from a hostile federal government.
You know. Like cowards!
Regardless of how this turns out I am, as ever, heartbroken for our trans youth, who deserve so much better than this.
