On January 29, President Trump signed an executive order aimed at eliminating protections for transgender students and restricting instruction related to race, gender, and other topics in K-12 schools. The order targets transgender students in five main ways:
- Restricting the recognition of gender identity and use of names and pronouns in schools. The order calls on federal agencies to rescind and withhold funding from K-12 schools that support transgender students by recognizing their gender and using their names and pronouns.
- Limiting access to shared facilities and programs, such as restrooms, in schools. The order calls on federal agencies to rescind and withhold federal funding from K-12 schools that allow transgender students to use shared facilities such as restrooms and locker rooms consistent with their gender identity.
- Barring participating in sports teams. The order also calls on federal agencies to rescind and withhold federal funding from schools that allow transgender students to participate on sports teams consistent with their gender identity.
- Forced outing of students. The order makes multiple references to protecting parental rights under federal educational privacy laws and calls on agencies to rescind and withhold federal funding from schools that “deliberately conceal” from a child’s parents the child’s wishes to use a different name or pronouns in school.
- Banning schools from teaching topics related to gender identity. The order calls on agencies to rescind and withhold federal funding for K-12 schools that teach topics related to gender identity.
The order further directs the Attorney General to “coordinate with State attorneys general and local district attorneys in their efforts to enforce the law and file appropriate actions against K-12 teachers and school officials who violate the law by” affirming a student’s transgender identity.
Estimates of Transgender K-12 Students and Teachers
An estimated 300,100 youth ages 13 to 17 identify as transgender in the U.S. Transgender youth live across the country, with similar proportions of youth identifying as transgender across states and regions.
Many teachers and school staff also identify as transgender. According to a 2023 Williams Institute survey, 11% of transgender workers are employed in K-12 education. While the executive order does not directly address transgender teachers and staff, it is likely that they will also be affected by any policy changes at the school level— for example, the use of shared facilities based on gender identity.
Impact of Executive Order
Under the terms of the order, schools that receive federal funding are at risk of losing that funding if found to be out of compliance with the order. Teachers and school personnel who affirm transgender students are also at risk of legal enforcement action by the Attorney General. As a result, schools may feel pressured to comply—or be forced to comply—with the order. Compliance will likely impact transgender students by increasing instances of discrimination and harassment against them, which, in turn, will affect their health outcomes. In addition, policies that require schools to out transgender students to their parents will likely increase rates of family rejection. Moreover, conflicts between the executive order and other federal and state laws are likely to cause confusion for schools and could result in increased litigation against them.
Impact on Transgender Students
- General impact on health and well-being of transgender students. The measure is likely to exacerbate health disparities for transgender youth. Disparities in mental health outcomes and substance use between LGBTQ and non-LGBTQ youth are well-documented. Health disparities for LGBTQ people are linked to experiences of stigma and discrimination, as articulated in the minority stress research literature. Hostile social and policy environments that stigmatize LGBTQ people and create a fear of discrimination and harassment have specifically been linked to adverse health outcomes, including for transgender youth. A 2023 Trevor Project study found that one in three LGBTQ youth said that their mental health was poor most or all of the time because of anti-LGBTQ policies and legislation.
- Impact of recognition of gender identity. The executive order would likely also lead to negative physical and mental health outcomes associated with schools not recognizing the gender identity of transgender students, including not using their preferred names and pronouns. A 2023 Trevor Project study found that transgender and nonbinary students who said their school was not affirming of their gender identity were more likely to attempt suicide than those in affirming schools. More specifically, a 2019 study found that using the chosen names of transgender youth in more contexts, including schools, was associated with lower depression, suicidal ideation, and suicidal behavior for transgender youth. Research also supports that using correct pronouns has positive mental health impacts for transgender youth. A related study found that transgender and nonbinary youth who want to update their documents but cannot have significantly higher odds of attempting suicide in the past year compared to youth who had updated their documents. These findings align with similar studies focused on transgender adults.
- Impact of restricting access to bathrooms and other gendered facilities. The executive order would likely also lead to negative physical and mental health outcomes specifically associated with restrictions on access to bathrooms and shared facilities. The 2021 GLSEN school climate survey indicated that 73% of transgender youth avoided bathrooms at school because they were afraid of discrimination and harassment. Other studies focused on college students and adults have also documented a range of negative health outcomes among transgender people who have been unable to safely access restrooms that align with their gender identity. For example, a survey of transgender and gender nonconforming people in Washington, D.C. found that 54% of respondents had experienced a physical health problem from trying to avoid public bathrooms, including dehydration, urinary tract infections, kidney infections, and other kidney-related problems. Further, 58% of the respondents reported that they “avoided going out in public due to a lack of safe restroom facilities,” 68% reported that they had been verbally harassed in a restroom, and 9% reported that they had been physically assaulted in a restroom. Another study found that transgender college students who were denied access to bathrooms and housing consistent with their gender identity on college campuses expressed significantly higher rates of suicidality than those who had access.
- Impact of restricting sports participation. In addition, implementation of the order will effectively prevent transgender students from participating in sports at schools that receive federal funding, which will deprive them of the long-term health benefits of school sports participation that many studies have documented. For example, student-athletes report better overall health and less bodily pain than non-athletes. Physical activity in youth has also been linked to lower rates of adverse health outcomes later in life, including lower incidence of diabetes, bone disease, hypertension, and other cardiovascular diseases. Moreover, studies show that youth who participate in school sports are more likely than those who do not to maintain a physically active lifestyle through adulthood, suggesting that the physical benefits of early engagement in sports continue to accrue throughout one’s life. Research has also shown that sports participation—particularly in team sports—improves mental health outcomes for students. A 2013 systematic review of published literature identified numerous studies linking adolescent sports participation to a range of psychological benefits. The research cited found that sports participation was related to improved self-esteem, improved emotional well-being, psychological resilience, greater life satisfaction, lower rates of depression and feelings of hopelessness, reduced suicidality, reduced anxiety and nervousness, and other benefits. Studies focused specifically on transgender students have found similar impacts of sports participation. For example, while focused on students in college rather than K-12 education, an analysis of data collected through the National College Health Assessment survey found that transgender students who participated in collegiate sports were less likely to report psychological distress, self-harm, suicidal thoughts, and suicidal behavior compared to transgender students who did not participate in sports.
- Impact of forced outing. Policies that require schools to notify parents of a student’s request to use a different name or pronouns against the child’s wishes may put the student at risk of family rejection at home. Research indicates that LGBTQ youth may face family rejection because of their sexual orientation or gender identity, and some even face abuse. If students are forcibly “outed” to families that do not support their gender identity, the rates of familial rejection and abuse of LGBTQ youth may increase. Family rejection and abuse are linked to housing instability for LGBTQ youth (including homelessness and foster care placement), lower academic achievement, and negative mental health outcomes, among other issues. For example, in a study of over 500 youth who contacted an LGBTQ crisis hotline, disclosure of LGBTQ identity homelessness. A Williams Institute study among youth in foster care in Los Angeles found that 2.7% of all or ran away from their homes for being perceived as LGBTQ or as gender- nonconforming. Anecdotal evidence also documents stories of LGBTQ youth who have become homeless due to parental rejection, such as a report of a transgender youth who therapy camp. Family rejection may also affect the health and well-being of transgender youth. For example, a 2016 study using data from the National Transgender Discrimination Survey found that family rejection was associated with increased rates of suicide attempts and substance abuse among transgender and gender-nonconforming adults, with rates increasing significantly with increasing levels of family rejection. A 2024 study on the association of stigma, school, and family factors with patterns of substance use among LGBTQ youth found that “higher were associated with lower odds of [substance use.]”
Impact on Schools, Teachers, and School Staff
The order’s directives conflict legislatures have interpreted to protect transgender students, including Title IX and the Equal Protection Clause. In addition, the order is likely to be challenged on other grounds, including that it exceeds the president’s authority granted by federal statutes and the Constitution.
The executive order will likely create confusion and uncertainty for schools, individual teachers, and staff. The order directs the Attorney General to “coordinate with State attorneys general and local district attorneys in their efforts to enforce the law and file appropriate actions against K-12 teachers and school officials who violate the law by” affirming transgender students—for example, using their names and pronouns and allowing them to access shared spaces aligned with their gender identity. It is unclear whether this provision empowers the Attorney General to take enforcement action against teachers and school officials in states and localities with laws and policies that require schools to affirm transgender students. However, a recent action initiated by the Department of Education suggests an intent to enforce these policies even in states with supportive laws. On January 28, the Department brought an action against a public school in Denver, challenging its gender-neutral restroom as a violation of Title IX. To the extent that the provisions of the order conflict with obligations under other federal, state, and local laws, it will likely burden schools by creating uncertainty and confusion. If schools choose to comply with the order out of fear of legal action or loss of federal funding, it could also result in increased litigation against the schools under other federal and state laws.
Conclusion
President Trump’s executive order pertaining to K-12 education aims to eliminate protections for transgender students in K-12 schools by directing federal agencies to rescind federal funding from or take enforcement action against schools and school staff who affirm transgender students. The order’s directives conflict with other federal laws and constitutional provisions and likely exceed the president’s authority. The order, regardless of its legality, may have a negative impact on the health and well-being of transgender students, as well as create confusion and the threat of increased litigation for schools.