The U.S. Department of Education has initiated an investigation into the California Department of Education for alleged breaches of the Family Educational Rights Privacy Act (FERPA). This federal law ensures parents have access to their children's educational records. The California Department of Education faces scrutiny following claims linked to a new state law that prevents school staff from revealing a child's "gender identity" to the parents.
The Student Privacy Policy Office (SPPO) suspects multiple local educational agencies in California might be violating FERPA by facilitating students' social transition at school while keeping parents uninformed about the children's "gender identity." The SPPO is particularly concerned about the potential involvement of the California Department of Education in these practices allegedly mandated by the newly passed California Assembly Bill 1955.
Secretary of Education Linda McMahon commented on the situation: "Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one." She emphasized that it’s potentially against federal law for California schools to withhold significant student information from parents, adding, "The agency launched today’s investigation to vigorously protect parents’ rights and ensure that students do not fall victim to a radical transgender ideology that often leads to family alienation and irreversible medical interventions."
Under federal law, educational bodies receiving federal funds must comply with FERPA. Non-compliance can result in losing federal funding.
FERPA, overseen by the SPPO, allows parents to access and request changes to their children’s educational records and regulate the disclosure of identifiable information within those records. However, California's Assembly Bill 1955, effective January 1, 2025, and signed by Governor Gavin Newsom, seemingly contradicts FERPA principles by not mandating school staff to disclose a student’s "gender identity" to the parents. The California Justice Center notes that this results in policies where schools prevent parents from accessing their children's education records.
