New York advises schools to accept student gender identity, keep secret from parents in some cases

The New York State Department of Education released updated guidance Monday advising schools to affirm student's gender identity and to keep it from parents in some cases.

The New York State Education Department (NYSED) released 42 pages of new guidance for public schools Monday that includes a section about keeping children's gender transitions a secret from parents in some cases.

The report, titled "Creating a Safe, Supportive, and Affirming School Environment for Transgender and Gender Expansive Students," maintained that a student's gender identity should be based on the student's own assertion and that administrators should keep such information from families if they deem it necessary.

"School personnel’s acceptance of a student’s asserted gender identity should require no more than a statement from the student expressing their preference," the guidance says. "Schools do not need to require permission, letters from professionals, or other proof of gender identity."

The guidance also said the student "is in charge of their gender transition and the school’s role is to provide support."

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If a student formally requests to transition at school, the guidance advises a school administrator or other "trusted adult, preferably trained in supporting LGBTQ and Gender Expansive students," to meet with the student to determine if the student is comfortable coming out.

"Some [transgender and gender expansive] students have not talked to their families about their gender identity because of safety concerns or lack of acceptance and may begin their transition at school without parent/guardian knowledge," the guidance notes.

The guidance said the "paramount consideration" in such situations is to protect the health and safety of the student, as well as "assuring that the student’s gender identity is affirmed and that their privacy and confidentiality are safely maintained."

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"These situations should be addressed on a case-by-case basis, accounting for the student’s age and maturity. Prematurely disclosing a student’s gender identity can have severe consequences for the student," the guidance says.

The report also lays out extensive guidance for schools regarding things such as gender-segregated activities, which are generally discouraged. If gender-segregated activities do take place, schools are advised to let students participate "in a manner most consistent with their gender identity without penalty."

Teachers are also discouraged from segregating genders in physical education, which NYSED noted could potentially alienate LGBTQ students. It recommended separating students instead based on things such as skill level, since New York state law prohibits discrimination based on sex, gender identity and gender expression.

"It is essential that schools accept and respect a student’s assertion of their own gender identity," the report said. "School employees should take every effort to avoid utilizing gender stereotypes with all students."

Parental notification regarding students who identify as transgender has become an issue in public schools nationwide.

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California middle school teachers Elizabeth Mirabelli and Lori Ann West recently sued the Escondido Union School District (EUSD) and the California State Board of Education in May, alleging they were instructed to hide a student's gender identity from parents in violation of their Christian faith.

Paul Jonna, an attorney with the Thomas More Society who is representing the women, told Fox News Digital last month that he was surprised to learn how "pervasive" similar policies have become in schools even in deep-red states.

Jonna noted the case of Pamela Richard, a retired teacher in Kansas who received a $95,000 settlement last fall following a lawsuit against the Geary County School District, whose administrators allegedly expected her to deceive parents about students' gender identity.

Fox News Digital has reached out to NYSED for comment.

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