The U.S. Department of Education’s Student Privacy Policy Office requested updated information on Jul. 30 from the California Department of Education and the Washington Office of Superintendent of Public Instruction regarding their policies on schools’ disclosure of student records to parents, following recent federal court rulings affirming parental rights.
According to the Department, both California and Washington have maintained policies that encourage schools to withhold certain student records from parents, including those related to students’ gender identity or transition. The Department said these practices led to its first statewide investigations under the Family Educational Rights and Privacy Act (FERPA) last year.
Recent court decisions were cited by the Department as reinforcing parental rights in education. In March 2026, the U.S. Supreme Court ruled in Mirabelli v. Olson that “under long-established precedent, parents – not the State – have primary authority with respect to the upbringing and education of children.” The Court also questioned California’s policy requiring educators to hide information about students’ gender transition from parents, suggesting it likely violates constitutional rights. In June 2026, based on this Supreme Court decision, the U.S. Court of Appeals for the Ninth Circuit held in City of Huntington Beach v. Newsom that certain California laws likely violate parents’ constitutional rights by restricting school notification about a child’s gender dysphoria or identity unless consent is given by the child.
The Student Privacy Policy Office asked both state agencies for immediate clarification on how they plan to revise their policies in response to these legal rulings. The responses will inform ongoing investigations into both states’ compliance with FERPA requirements.
“Schools must end the practice of concealing vitally important information about students from parents who love them,” said Frank Miller, Director of the Student Privacy Policy Office. “We are providing California and Washington the opportunity to explain to the Department and the families they serve how they are revising their policies to come into compliance with federal law. SPPO is determined to hold educational institutions accountable and ensure the protection of parental rights.”
FERPA gives parents access rights over their children’s education records as well as control over disclosures except under specific circumstances enforced by SPPO within ED; violations can result in termination of federal funding.