I disagree. The parents owe a duty of care towards their children. In terms of background here, I am both a qualified teacher, and a parent of three children. As much as I cared for the children I taught, and as much as I owed them a duty of care, it's night and day when placed against the responsibility parents have.
If my child bumps her head at school, the school is obligated to tell me. Why is that?
If we suspect child abuse as teachers here, we are mandated to report that.
And yet, in situations where no such report has been made, and therefore there is no suspicion of child abuse, and where my child is involved in substantive medical decisions, the school might decide not to tell me because...why? Because the child doesn't need support and care from the parent? That seems highly unlikely. Because there is an assumption that the parent would be problematic in this process? Based on what? And who has decided schools are NOT problematic in this process?
I agree that there is a special duty of care. But that doesn’t mean that duty of care extends to informing the parent of anything and everything.
I think that a duty to inform is much more nuanced than you would like to believe. The clearest example I can think of is the duty between a doctor and patient. While a duty to inform does exist in this relationship (based on informed consent) even this duty is not so clear cut: Doctors are required to provide enough information so the patient can make a sufficient decision. This does not require doctors to disclose all information and there are even exceptions to their duty to inform.
I am not over here saying teachers do not have a duty to inform parents. I am saying that it is more nuanced and not a clear cut situation.
to refute this you have stated that a teacher owes a duty to disclose a student getting a bump on their head. I think that this is not necessarily true. Bumps can range from getting hit in the head in a dodgeball game to falling down stairs and losing consciousness. A teacher does not have a duty to report every detail to the parents. I think that if we went back and forth over where the line is, we could probably tease out that the line is reasonable information that is significant to providing safety and care for the child.
Next you toss out mandated reporter laws. I am not sure how that is relevant, but, here, a mandated reporter is required to report when there is a reasonable suspicion of child abuse or neglect. Are teachers there required to disclose to the parent when they have made a report? Here, they are not. This is, in part, because that disclosure may have impact the child’s safety. Again we see a line forming around the duty to the child.
now let us turn back to the topic at hand. You asked several questions concerning the reasoning behind a teacher choosing not to inform the parent.
The first was whether “the child doesn't need support and care from the parent?” I don’t know if a disclosure about gender automatically requires continued support and care from the parent. Is there some particular support and care that a parent must give, that they are not already giving, based on that disclosure? I can certainly think of actions that may be supportive or helpful, but I have a hard time thinking of any that are necessary.
the second question you asked was whether there is an assumption that the parent would be problematic in this process? Based on what? Well, potentially. There are large numbers of parents who would react in ways that are harmful to a child if they were provided this information. Teachers and schools are not in the best position to determine whether this would be the case or not. If there is a possibility that sharing information will cause harm to the child or put the child in danger, do you believe that teachers should be required to share this information regardless of the risk that it entails? I would think this is direct opposition to the reasoning for any duty to inform, if such a duty exists. Then you ask for evidence that establishes a risk. Are teachers required to investigate each family and their beliefs to ascertain how that family will react?
but there were a couple questions you didn’t ask.
will it be harmful to the child’s mental health to share this information with a parent prior to the child feeling ready to share that information?
is there any duty to confidentiality owed to the child and under what circumstances, if there is such a duty, may that confidentiality be breached? Does this fit within that?
Again, I am not over here saying teachers shouldn’t share, or even that there is no duty to share. Someone may have a valid argument that shows 1) there is a duty to inform; 2) that duty to inform incudes disclosures about gender 3) there is no exception. I do not believe you have provided this.
personally, I am more comfortable leaving discretion with the teachers and their professional discretion, than saddling teachers with legal duties or trying to provide some unwavering standard to which teachers must adhere.