A recent analysis reveals that numerous school districts in Pennsylvania are sticking to gender secrecy policies that keep teachers and staff from notifying parents about students’ preferred gender identities and pronouns.
This past March, the U.S. Supreme Court upheld the rights of California parents in a significant case challenging state policies on these matters. The ruling addressed elements of the Support Academic Futures and Educators for Today’s Youth Act, also known as the SAFETY Act.
This legislation forbids school districts and educational entities from enforcing any policy that mandates staff to disclose a student’s sexual orientation or gender identity without the student’s consent, except where legally required. This directive also includes parents and guardians.
Moreover, the law ensures that school employees cannot face retaliation for opting not to disclose this sensitive information.
Critics raised alarms over the law, leading to a class-action lawsuit, Mirabelli v. Olson, which questioned the requirements for parental notification in public schools regarding the gender identity of students. Ultimately, the U.S. Supreme Court ruled in favor of the plaintiffs, indicating that the parents had strong claims under both the First and Fourteenth Amendments.
The Court emphasized that California’s policies hinder parents’ rights to influence their children’s religious upbringing, invoking a degree of strict scrutiny.
This ruling does not abolish the SAFETY Act; however, it prevents enforcement of its nondisclosure provisions against parents while the case is furthered in the Ninth Circuit.
Nonetheless, an analysis by Broad + Liberty found that at least 21 public school districts have not changed their policies, continuing to mimic those in the SAFETY Act. One teacher from the Chester County Intermediate Unit, who chose to remain anonymous, indicated that their student information system includes fields for both a student’s “given name” and “preferred name.”
Christa Fazio, Director of Communications for the Chester County Intermediate Unit, stated, “We are aware of the case, and our solicitor continues to monitor it. If need be, we will revise our policies to align with legal standards.”
Additionally, the system holds a “notes” section where students’ preferred pronouns are recorded along with guidelines for parent communication regarding gender identity.
The School District of Philadelphia, Pennsylvania’s largest district, also follows similar protocols, instructing staff to address students according to their chosen gender identity.
Complaints have been filed by parents in other districts, including the Haverford School District, with the U.S. Department of Education’s Office of Civil Rights (OCR). Alexis Pasternak, a Haverford parent, reported the district’s Gender Expansive & Transgender Students (GET) policy.
The district’s policy guidelines assert that the rights of gender-expansive and transgender students do not necessarily require parental consent unless they infringe upon parental rights under the Family Educational Rights and Privacy Act or other laws.
Furthermore, the Haverford School District compels staff to respect students’ preferred pronouns and names without necessitating parental consent. Policy directives allow students to be addressed as such without needing legal changes or parental permission.
Pasternak filed her complaint in September 2025, and it has since been assigned to an OCR attorney, as reported by Broad + Liberty.
“My past suggestions to reexamine the policy were disregarded, as I indicated that the current regulations could expose the district to liability,” she noted. “It appears they’re attempting to evade the issue altogether, prompting my formal complaint.”
As this report stands, the Haverford policy remains unchanged.
