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Trump administration launches investigation into Massachusetts teen gender battle

Tim Dunn, Boston Herald on

Published in News & Features

BOSTON — The Trump administration is launching an investigation into a child custody battle in Massachusetts, after state authorities allegedly took custody of the teenage girl after her parents refused to allow a medical gender transition.

The U.S. Department of Education’s Student Privacy Policy Office has opened an investigation into The Public Schools of Northboro and Southboro on Thursday, seeking to determine whether the school district violated the Protection of Pupil Rights Amendment and the Family Educational Rights and Privacy Act.

It comes as Joseph and Arlene Kutzko continue a nearly two-year legal battle with DCF to regain custody of their 17-year-old daughter, Sophie, and to stop Massachusetts officials from medically transitioning her to a male.

The Kutzkos say the state took custody of Sophie when she was 15 years old after they would not recognize her as a boy or call her by male names and pronouns, issuing a permanent restraining order against them. They say Sophie’s high school — Algonquin Regional High School, in Northboro — secretly initiated the process without their knowledge.

“Parents have a right to know what is happening with their children at school, particularly when it concerns deeply personal matters involving their health and well-being,” said SPPO Director Frank Miller. “These egregious allegations are not an isolated problem. Families deserve answers, and SPPO will thoroughly investigate reports like this and hold any educational institution that violates federal law accountable.”

Gov. Maura Healey defended DCF when asked about the case by reporters on Tuesday, saying the Kutzkos’ claims are “incorrect,” adding that Sophie was taken by the state due to criminal charges brought against them.

“Let me be clear about the facts in that matter. First of all, DCF did not remove the child because of a health issue or a gender-affirming care issue. DCF removed the child after there were criminal charges filed against the parents, including the father,” Healey said.

The Kutzko’s attorney, Vernadette Broyles, told the Herald that Healey is misrepresenting the truth and that no criminal charges stand against the parents.

 

Court documents obtained by the Herald indicate Sophie accused Joseph of allegedly punching her, pulling her hair, and threatening to kill her.

Those allegations led to no finding of guilt in both juvenile and criminal court in February 2025, with the Kutzkos reaching a non-guilty disposition with prosecutors. Broyles says the Kutzkos reached this agreement after their legal fees exceeded $150,000, resulting in a pre-trial probation. She says the probation set on the Kutzkos will be lifted after one year as long as they commit no crimes during that period.

Broyles says a restraining order still stands against the parents after an unidentified adult allegedly assisted Sophie in obtaining a restraining order against them after she had been in state custody for nearly a year.

“These allegations raise serious questions regarding whether the school district complied with federal laws protecting parents’ rights. FERPA requires schools to allow parents to access their children’s education records, make changes to those records, and provide a hearing if the school rejects the changes,” the Education Dept. said in a press release.

“PPRA requires schools to receive written consent from parents if they plan to conduct any evaluation, survey, or analysis on students regarding their or their family’s mental health, sex behaviors and attitudes, religious beliefs or any other invasive sensitive subjects outlined in the statute. It is currently unclear whether the school and the district complied with these federal statutes, and SPPO will investigate to determine whether there has been a violation under FERPA and/or PPRA,” it said.

The Kutzkos will next be in court on October 29.

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