New Hampshire Law May Force Teachers to “Out” Trans Students

New Hampshire Republican Gov. Kelly Ayotte has signed a bill requiring teachers and other school employees to answer parents’ questions about their children’s health, well-being, behavior, and identity “completely and honestly.”

Under the new law, educators must respond to a parent’s written questions about their child within 10 business days without omitting any pertinent information. The State Board of Education must also update its educator code of ethics and code of conduct to reflect the disclosure requirements.

Teachers and staff who fail to respond to parental requests within the required time frame may face disciplinary action. The law provides two exceptions: when disclosure is prohibited by state or federal law, or when an educator has made a “good faith determination” that disclosure would put the student “at imminent risk” of abuse or neglect by a parent, according to the New Hampshire Bulletin. In the latter case, the educator must report the suspected risk to the local superintendent and deny the parent’s request in writing.

Ayotte’s signature ends a four-year fight to require teachers and school staff to disclose information about students to their parents, with a particular focus on gender identity. The law also effectively overrides a 2024 New Hampshire Supreme Court decision upholding a school district policy that prohibited teachers from “outing” transgender students or disclosing the names and pronouns they used at school.

Supporters say the law gives parents the information they need to respond to mental or emotional crises their children may be experiencing. Opponents argue that it effectively forces teachers and counselors to “out” students, undermining the teacher-student relationship and making students less likely to confide in educators.

“Let’s be clear, allowing adults and children to keep secrets from parents is a bad idea,” State Sen. Tim Lang (R-Sanbornton) said in support of the bill. “What we’re saying in this bill is very clear: Teachers shall not keep secrets from parents.”

Lang added that the law contains sufficient safeguards to protect children from abusive parents, whom he described as a small minority. He said disclosures about a student’s struggles or a teacher’s concerns would help parents watch for signs of self-harm.

State Sen. Debra Altschiller (D-Stratham) countered that parents seeking more information about their children’s lives should ask them directly.

“Parents have every right to talk to their children,” she said. “They have every right to engage with their school. They have every right to attend school board meetings and advocate for their values. What they don’t have or shouldn’t is the right to conscript every credentialed educator to a mandatory written reporting system.”

Teachers’ unions and LGBTQ advocates worry that parents may abuse the law by questioning teachers daily, or that advocacy groups may create digital tools to direct a deluge of requests at a particular educator or school — consuming educators’ time and distracting them from teaching.

“Schools should be a place of learning, an environment for both studying curriculum and a place of critical self-examination,” Aimee Terravechia, executive director of the LGBTQ advocacy organization 603 Equality, testified in April. “Placing educators into a role of monitoring and reporting removes the trust necessary for a thriving academic environment.”