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Which states have laws regulating the teaching of gender identity in elementary schools?

Checked on November 19, 2025
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Executive summary

Between 2022 and 2024 multiple states enacted laws that restrict classroom instruction about sexual orientation and gender identity — GLSEN lists eight states with so-called “Don’t Say Gay or Trans” K–12 laws (Alabama, Arkansas, Florida (2022 & 2023), Indiana, Iowa (enforcement paused), Kentucky, Louisiana, and North Carolina) [1]. Movement Advancement Project also tracks curricular bans and notes litigation and staggered effective dates (for example, a federal judge temporarily blocked Iowa’s law; West Virginia’s law had a later effective date) [2].

1. What “regulating the teaching of gender identity” usually looks like — legal forms and language

States regulate instruction in several specific ways that show up in statutes and policies: outright bans on classroom instruction about “sexual orientation” or “gender identity” for specified grade ranges; parental-notification or forced‑outing measures requiring schools to notify parents about a student’s gender-related requests; and curriculum‑inclusion laws that require or encourage LGBTQ‑inclusive content. GLSEN’s mapping describes recent K–12 laws that “prohibit instruction on sexual orientation and gender identity,” naming grade‑range restrictions and multiple states that passed such laws between 2022–2024 [1]. Conversely, New America documents states that have adopted LGBTQ‑inclusive curriculum mandates, with variation in the grades and legal language used [3].

2. Who has passed bans (and how many) — headline list and caveats

GLSEN identifies eight states that passed “Don’t Say Gay or Trans” style K–12 laws between 2022–2024: Alabama, Arkansas, Florida (two separate actions in 2022 and 2023), Indiana, Iowa (enforcement paused), Kentucky, Louisiana, and North Carolina [1]. Movement Advancement Project’s curricular map corroborates that multiple states have bans focused on classroom instruction and also highlights litigation and varied effective dates — for example, Iowa faced a federal court block and West Virginia’s law had a delayed start [2]. Note: available sources do not provide a single, definitive nationwide list beyond these mappings; state laws vary in exact wording and covered grades [1] [2].

3. Examples of how laws differ in scope and enforcement

The statutes are not uniform. Florida’s “Parental Rights in Education” framework and related board policy, for instance, restricts instruction on “sexual orientation” and “gender identity” except when required by standards or a limited health course and applies grade‑based limits — Wikipedia’s summary highlights Florida’s ban in certain early grades and Alabama’s kindergarten–grade‑5 limits with “age or developmentally appropriate” exceptions [4]. GLSEN’s map likewise flags grade‑specific prohibitions and that Iowa’s enforcement was paused amid court action [1] [2]. Movement Advancement Project notes the bans’ focus on classroom instruction even where other student supports (like GSAs or Q&A responses) may be treated differently in law or policy [2].

4. Competing policy moves: inclusion, nondiscrimination, and school privacy laws

At the same time some states have advanced inclusive curricular laws or protections: New America reports six states adopting LGBTQ+ inclusive curriculum statutes, and GLSEN/Movement Advancement Project map states that have nondiscrimination or anti‑bullying laws explicitly enumerating gender identity [3] [5] [6]. California passed a law preventing districts from requiring staff to notify parents when students identify as LGBTQ, and it directs the state education agency to provide resources — an example of a countervailing state policy protecting student privacy and support [7] [8].

5. Litigation, federal guidance, and the political context

Litigation is a common response: Movement Advancement Project notes judicial intervention (a temporary block on Iowa’s law) and differences in when laws take effect [2]. Federally, the Department of Education and executive actions also shape the battlefield: GLSEN and others point to Title IX updates and federal rule‑making that affect how states’ laws interact with federal nondiscrimination obligations [6]. Meanwhile, the White House’s January 2025 executive action and related commentary frame a national policy debate over “gender ideology” and federal priorities, signaling administrative pressure that intersects with state decisions [9] [10].

6. What reporters and researchers emphasize — practical impacts for schools

Advocates and researchers warn that bans and notification rules influence teachers’ behavior, student privacy, and school climates; groups such as A4TE and the Williams Institute emphasize harms to transgender students and staff and track related policy domains like sports participation, facilities access, and forced‑outing rules [11] [10]. At the same time, proponents argue these laws protect parental rights and age‑appropriate education — that policy rationale underpins many state bills cited in mapping projects [1] [4].

7. Limitations, gaps, and how to follow updates

State law databases and advocacy maps (GLSEN, Movement Advancement Project, New America, and others) are the primary sources available in the provided reporting; they show overlapping but non‑identical inventories and note litigation, effective‑date delays, and varying grade scopes [1] [2] [3]. Available sources do not supply a single consolidated federal tally or the full text of each law here; for the most current status consult the state statutes or the cited trackers [1] [2].

Want to dive deeper?
Which U.S. states currently ban or restrict teaching about gender identity in K-5 classrooms?
How have state laws regulating gender identity instruction in elementary schools changed since 2023?
What specific curricula or language do state laws use to define prohibited gender-identity instruction for young children?
Which court cases have challenged state bans on teaching gender identity to elementary students and what were their outcomes?
How do state policies on teaching gender identity affect teachers, parents, and school districts in practice?