The U.S. Department of Education’s (ED) Student Privacy Policy Office (SPPO) has accused the California Department of Education (CDE) of violating the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law that gives parents the right to access their children’s education records. The accusation stems from CDE policies that reportedly prohibit school districts from notifying parents if a student requests to use pronouns and facilities different from those assigned at birth.
Federal Concerns Over Parental Access
In a statement released on Wednesday, Education Secretary Linda McMahon accused the CDE of “egregiously” abusing its authority by “pressuring school officials to withhold information about students’ so-called ‘gender transitions’ from their parents.” McMahon stated, “Children do not belong to the State—they belong to families,” and pledged to “use every available mechanism to hold California accountable for these practices and restore parental rights.”
The ED’s statement specifically references the 2024 SAFETY Act, which protects teachers and administrators from retribution for not following district directives to disclose a student’s gender identity to their parents. The law also provides funding for resources aimed at fostering supportive conversations between parents and families of queer students.
According to the ED, the CDE allegedly put at least 300 students on “Gender Support Plans,” affirming their gender identities and pronoun usage “without parental consent or knowledge.” This action, the ED argues, is a direct violation of FERPA.
Legal Battles and Potential Consequences
The ED’s statement highlighted a previous case involving the Chino Valley Unified School District in California. In July 2023, the district adopted a policy to forcibly out trans students to their parents. California State Superintendent of Public Instruction Tony Thurmond and Attorney General Rob Bonta intervened, arguing students have a right to privacy and that being “outed” could harm them. Bonta subsequently sued the district, and a judge ruled against Chino Valley.
The SPPO has offered the CDE an opportunity to voluntarily resolve the alleged FERPA violations by instructing school districts to grant parents access to student records, including any changes to pronouns, upon request. Should California fail to comply, it risks losing $8 billion in annual federal education funding.
A spokesperson for Gov. Gavin Newsom (D) stated in 2024 that “parents continue to have full, guaranteed access to their student’s education records as required by federal law,” and that California law requires parental consent for minors to legally change their name or gender.
The Movement Advanced Project reports that at least eight states have passed legislation mandating schools to notify parents if a student identifies as transgender, while another five have passed laws promoting parental notification.
Frequently Asked Questions
What is FERPA?
FERPA is a federal law granting parents the right to access their child’s education records, according to the U.S. Department of Education’s statement.
What is the SAFETY Act?
The SAFETY Act, enacted in 2024, prohibits forced outing policies in California school districts and protects teachers and administrators from retaliation for not disclosing a student’s gender identity to their parents.
What could happen if California doesn’t comply with the ED’s request?
If California doesn’t comply, it risks losing the $8 billion in annual education funding it receives from the federal government, as stated by the ED.
How might this situation influence similar debates about parental rights and student privacy in other states?
