Immediately in his second term, President Trump took unprecedented steps to significantly restrict the rights of transgender students in decisions that could impact your educational institution. Through executive orders, federal policy changes, and recent US Supreme Court (SCOTUS) decisions, the administration banned transgender participation in the military, reduced educational rights, and fought to restrict the participation of transgender female athletes.
In a series of both final and interim decisions in its 2025-2026 term, SCOTUS seemed to reinforce these sweeping decisions. Litigation trackers such as The LGBTQ+ Bar and ACLU provide additional legal updates on these topics.
Parental opt-out for LGBTQ+ related curriculum
In Mahmoud v. Taylor, the court determined that parents may remove their elementary-aged children from classroom instruction involving LGBTQ+ inclusive curriculum. A 6-3 decision determined that parents were entitled to notice on any upcoming instruction and an opportunity to opt-out.
Finalized on June 27, the court sided with the parents and said that forcing them to choose between public education and their religious beliefs interfered with their first and fourteenth amendment rights. Notably, the decision did not eliminate LGBTQ+ inclusive instructional materials and instead focused on providing an opt-out option.
This decision will impact school districts serving elementary school students. Similar to other opt-out provisions that may be in place currently for sex education programs, school districts must establish a similar opt-opt process for classroom instruction for LGBTQ+ inclusive curriculums.
Parental notification for transitioning students
In Mirabelli v. Bonta, SCOTUS issued a per curiam decision that reinstated a lower court decision holding that California school policies restricting teachers’ ability to notify parents when a student tries to socially transition at school were most likely unlawful. Parents in this case claimed that policies requiring teachers to withhold information about a student’s gender identity threatened their religious rights.
In acting on its emergency or “shadow” docket, the Court wrote in its opinion that the policies “cut out the primary protectors of children’s best interests: their parents.” A dissenting opinion said that the emergency decision failed to allow a full briefing of the issues. The case was remanded to the lower court to issue a decision, but none has been issued at this time.
California school districts have been advised to take the necessary steps to ensure campus practices are in line with this decision, including educating teachers about disclosures to parents.
Transgender female student participation in female sports
In the final days of its term, SCOTUS upheld two state laws banning transgender women and girls from participating in athletic teams aligning with their gender identities. Justices ruled in West Virginia v. B.P.J that Title IX allows states to enact legislation that requires school sports teams to separate students based on “biological sex.” Although the decision defines eligibility for athletic teams, it does not speak to any other transgender-related policies such as pronoun use, bathroom access, or school records. The decision also did not address states which have adopted contrary laws, i.e., permitting students to participate in sports teams based on their gender identity.
If your state has adopted restrictions on transgender female students participating in girls’ teams, your district will need to follow this court decision. It remains unclear how this could impact the participation of transgender females in sports teams in states which have laws allowing student participation in teams that align with their gender identity.
How We Can Help
As education professionals stay informed of all federal updates and prepare for their impact, TIXC can help keep your schools compliant. For general up-to-date information and how it affects you and your institution, join us for TIXC Thursdays on the first Thursday of every month. For more information about our consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.