The U.S. Department of Education's Student Privacy Policy Office (SPPO) has initiated an investigation into the Maine Department of Education. The investigation focuses on alleged violations of the Family Educational Rights and Privacy Act (FERPA), with reports indicating that several school districts in Maine might be infringing on parents' rights by maintaining policies that misuse FERPA. These policies allegedly permit schools to develop "gender plans" for supporting a student's "transgender identity" and claim these plans are not education records under FERPA, thereby denying parents access.
This investigation is part of a broader effort led by U.S. Secretary of Education Linda McMahon, aiming to strengthen FERPA enforcement. The action follows a similar investigation launched into the California Department of Education, with both initiatives addressing the misuse of FERPA and the backlog of complaints that accumulated during the Biden Administration.
Secretary McMahon emphasized the importance of parental rights regarding access to their children's education records. She stated, "Parents and guardians have the right to access their child’s education records to guide and safeguard their child’s mental, emotional, and physical well-being. Any policy to the contrary is both illegal and immoral." McMahon reflected on meetings with young individuals who shared their detransitioning experiences, expressing concern about reports from Maine where school personnel allegedly encouraged students to undergo gender transitions without parental knowledge.
Nicole Neily, Founder and President of Parents Defending Education, expressed support by saying, "Under the previous Administration, we were fighting to protect our children from irreversible 'sex changes' - a path too often facilitated by school personnel who we entrusted with our children. We are proud to stand with President Trump and Secretary McMahon to hold school districts accountable and ensure no child is socially transitioned behind parent's backs by teachers or administrators."
FERPA, a federal privacy law, grants parents rights to access their children's educational records, request corrections, and control the disclosure of personally identifiable information, subject to certain exceptions. Schools receiving federal funding must adhere to FERPA's regulations, and violations can lead to the termination of federal funding.
###
