MCPS directs staff to release students’ gender identity upon families’ request
School district changes guidelines following legal complaints
By
Ashlyn CampbellMay 4, 2026 6:44 p.m.
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Montgomery County Public Schools (MCPS) staff are now required to release information about a student’s gender identity if a parent or guardian requests it, marking a shift from previous guidelines that said disclosing the information provided by a student could violate privacy laws, according to a Thursday message from the school district.
“We recognize this represents a meaningful shift and may be challenging,” the announcement said. “As we revise our guidelines, MCPS remains committed to balancing legal obligations with our core values of student privacy, trust and well-being.”
The previous MCPS guidelines on gender identity in the student handbook said students have a right to privacy, including the right to keep their gender identities private. The student handbook notes that disclosing information such as a student’s transgender status may violate privacy laws.
The previous document also noted that unless the student or a parent has specified otherwise, MCPS staff members should use the student’s legal name and pronoun that corresponds to the student’s assigned sex at birth when communicating with parents.
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Under the revised framework, if a parent or guardian specifically requests information about their child’s gender identity status school staff will be obligated to share that information.
MCPS said in a Thursday announcement that the changes, effective April 27, were due to “recent legal developments.” The changes come after America First Legal, a conservative legal group, filed a complaint April 7 about the district’s previous guidelines and a U.S. Supreme Court decision in June that required MCPS to allow families to opt out of school materials that they object to on religious grounds, such as books with gay characters. The April 7 complaint argued that previous district guidelines regarding student gender identity violate the Constitution and student privacy laws.
“These updates reflect new legal expectations that place greater emphasis on parental rights,” MCPS said. “Staff will continue to approach conversations with students thoughtfully and with sensitivity, particularly in situations where students may have concerns about sharing information at home.”
MCPS spokesperson Liliana Lopez told Bethesda Today in an email Monday that the district’s 2025-2026 Gender Identity Guidelines have been amended “to align with a recent Supreme Court case, Mirabelli v. Bonta, where the court decided that the parental right to “direct the upbringing and education of their children” is fundamental.
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According to the revised guidelines, school staff are required to release information about a student’s gender identity if parents ask but must consult with the principal before revealing the information, “especially when doing so may pose a significant risk of harm to the student.”
According to the Substance Abuse and Mental Health Services Administration, parental rejection of a child’s gender identity can increase risks for using illegal drugs, high levels of depression and suicidality for transgender and gender non-conforming youth. According to the National Alliance to End Homelessness, LGBTQ+ youth face disproportionate rates of homelessness, with family rejection due to sexual orientation and gender identity being the most frequently named reason for homelessness.
Phillip Alexander Downie, CEO of the MoCo Pride Center, told Bethesda Today in a Monday email that the updated guidelines “represents a real shift in how student privacy is handled.” Downie noted that school is one of the only places where students can express who they are in a safe and supportive environment.
“This change will likely have a chilling effect, where some students choose not to speak with trusted adults at school, not because they do not need support, but because they are unsure what will remain private,” Downie said. “When young people stop asking for help, risk increases, and that is something we cannot overlook.”
Downie said privacy when it comes to students’ gender identity was not about hiding pertinent information, but “about having the space to explore identity without fear of immediate consequences.”
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According to the complaint posted on the website of America First Legal, a conservative legal group co-founded by Stephen Miller, a political adviser and staffer for President Donald Trump, the group argued that the 2025-2026 guidelines from MCPS violated the Family Educational Rights and Privacy Act.
The group also argued the guidelines violated the free speech clause of the First Amendment by withholding “gender identity and gender transition” information from parents. The April complaint was at least the second about the district’s gender guidelines, after a lawsuit concerning a similar complaint was struck down in 2023.
The first challenge came when the parents of two MCPS students filed a lawsuit in 2020, alleging the school district’s gender identity guidelines violated federal laws such as the Family Educational Rights and Privacy Act – the same law cited by America First Legal in its complaint.
Downie said the June Supreme Court decision in Mahmoud v. Taylor against MCPS and other actions were part of a “broader national shift” in how institutions are being asked to balance parents’ rights and student protections.
“School systems like MCPS are navigating a complex legal environment, and that reality cannot be ignored. At the same time, legal pressure does not change the lived experiences of young people,” Downie said. “The concern is not simply whether a system is responding to legal challenges, but whether, in that process, we are maintaining a clear focus on the safety, mental health, and well-being of students.”
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Originally published at Bethesdamagazine