New Hampshire governor signs law forcing schools to out transgender students

New Hampshire Gov. Kelly Ayotte just signed legislation requiring schools to out transgender students to legal guardians. The new state law effectively reverses a 2024 state Supreme Court decision that upheld students’ right to privacy.

The latest conservative legislation adds to a series of anti-LGBTQ+ policies under consideration in the Granite State. The GOP-controlled legislature in June passed a bathroom bill that could allow businesses to separate bathrooms, locker rooms, sports teams, and other accommodations by biological sex. While Ayotte has vetoed similar bills and other LGBTQ+ matters in the past, the Republican signed the privacy bill.

Related: New Hampshire Supreme Court upholds school policy against forced outing

Ayotte announced her signature on the bill alongside a slate of others passed this year, identifying SB 430 in a press release simply as legislation “relative to mandatory disclosure by school district employees to parents and legal guardians.”

The statute requires state-credentialed educators to respond to parents' written inquiries regarding any material information relating to their child enrolled in school. That means teachers must disclose information even if a student asks for the matter to be kept confidential or fears for their own safety at home.

The decision disappointed education and LGBTQ advocates.

“Education is so much more than a job, it’s a calling. As educators, we strive to connect with each student to discover their passions and potential. As educators, we also strive to communicate and collaborate with caregivers and families to support students. However, SB 430 is vaguely written and risks putting educators in a position of outing a student,” said Megan Tuttle, president of NEA-New Hampshire, the state’s largest teachers union.

“NEA-New Hampshire is deeply disappointed SB 430 has been signed into law; we remain committed to ensuring every student has a school where they feel safe, seen, and free to be themselves.”

Related: New Hampshire House advances transgender bathroom bill, breaking with New England

Aimee Terravechia, executive director of 603 Equality, expressed disappointment to New Hampshire Public Radio.

“Schools should be a place of learning, an environment for both studying curriculum and a place of critical self-examination,” Terravechia said. “Placing educators into a role of monitoring and reporting removes the trust necessary for a thriving academic environment.”

But New Hampshire Sen. Tim Lang, the Republican sponsor for the bill, said the “straight process” legislation was a matter of parental rights.

“If you don’t tell the parent, the parent can’t watch for the signs of self-harm,” he told the radio outlet. “Why is it not reasonable to have a parent go and ask a question like that: I recognize something’s going on with my child. Are you aware of anything that’s happening?”

The New Hampshire Supreme Court felt otherwise when justices struck down a Manchester school district policy requiring disclosure in 2024.

“The Policy does not prevent parents from observing their children’s behavior, moods, and activities; talking to their children; providing religious or other education to their children; choosing where their children live and go to school; obtaining medical care and counseling for their children; monitoring their children’s communications on social media; choosing with whom their children may socialize; and deciding what their children may do in their free time," a majority ruling stated then.