The U.S. Department of Education announced Wednesday that a California policy permitting school districts to withhold information about a student’s gender transition from their parents is a violation of federal law.
Federal Investigation Finds Policy Violates Law
Secretary of Education Linda McMahon stated a federal investigation revealed California education officials “egregiously abused” their authority by pressuring school districts to keep parents in the dark regarding their children’s gender transitions. McMahon asserted that under Governor Gavin Newsom’s leadership, school personnel had “bragged about facilitating ‘gender transitions’” and developed strategies to conceal this information from families.
McMahon further stated that the Trump Administration would “fight relentlessly to end” what she characterized as a deprivation of parental rights and endorsement of “irreversible harms” to children. She emphasized that “children do not belong to the State—they belong to families.”
Funding and Legal Challenges at Stake
The findings of the federal investigation could jeopardize nearly $8 billion in annual education funding provided to California by the federal government. To avoid this, state officials would need to collaborate with the Trump administration to address the identified violations. School districts would be required to confirm compliance with the Family Educational Rights and Privacy Act (FERPA), which grants parents the right to access their children’s education records. The state would also need to incorporate federally approved content into its LGBTQ+ cultural competency training.
The state’s policy is also facing legal challenges. A group of California parents is currently petitioning the U.S. Supreme Court to reinstate a previous ruling that schools cannot prevent teachers from sharing a student’s gender identity with their parents, a ruling that was recently blocked by an appeals court. The Trump administration is also pursuing legal action against California over a separate policy concerning transgender athletes in girls’ sports.
Frequently Asked Questions
What did the federal investigation find?
The investigation found that California education officials pressured school districts to withhold information about students’ gender transitions from their parents, which Secretary McMahon characterized as an abuse of authority.
What is AB 1955?
AB 1955 is a California law signed in 2024 that banned the parental notification of a student’s gender identity or sexual orientation without the student’s consent.
What could happen if California does not address the concerns?
California could risk losing nearly $8 billion in federal education funding if state officials do not work with the Trump administration to resolve the violations identified in the federal investigation.
As legal battles continue and the federal government seeks compliance, how will California balance student privacy with parental rights in the context of gender identity and school policies?
