On March 28, 2025, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) issued a Dear Colleague Letter (DCL) directed at Chief State School Officers and Superintendents in schools receiving federal funds. This correspondence emphasized the requirement to adhere to compliance obligations under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). The DCL asserted that compliance with these regulations mandates that parents should be allowed to review any education records pertaining to their child, including those related to a student’s “gender identity.”
U.S. Secretary of Education Linda McMahon addressed the matter, stating, “Parents are the most natural protectors of their children. Yet many states and school districts have enacted policies that imply students need protection from their parents. These states and school districts have turned the concept of privacy on its head—prioritizing the privileges of government officials over the rights of parents and wellbeing of families. Going forward, the correct application of FERPA will be to empower all parents to protect their children from the radical ideologies that have taken over many schools.”
The letter arrived amidst increasing reports that suggest state educational agencies (SEAs) and local educational agencies (LEAs) are reportedly failing to comply with parental privacy laws by withholding essential information, including details pertaining to a child’s “gender transition,” from parents about their child’s welfare.
The DCL also highlighted SPPO’s “priority concerns,” for which it is collaborating with the Department’s Office of the Secretary to consider proactive solutions. The outlined concerns focus on ensuring parents can inspect and review education records, a process believed to be hindered by current practices in many SEAs and LEAs. An example includes the creation of “Gender Plans” by schools, which are often not considered “education records” under FERPA, thereby restricting parental access.
Moreover, the letter stressed that parents must receive annual notifications about their rights, a practice reportedly neglected by several SEAs and LEAs. By April 30, 2025, the SPPO requests SEAs to submit documentation assuring compliance with FERPA and PPRA concerning these priority issues.
FERPA and PPRA are federal privacy regulations enforced by the SPPO. FERPA enables parents to access and amend their children’s educational records, controlling the disclosure of personally identifiable information under specific exceptions. PPRA provides parents with notice and opt-out rights when schools administer surveys requesting sensitive information regarding the student or their family.
In recent developments, Secretary McMahon has ordered FERPA investigations into the educational departments of California and Maine due to allegations of violating FERPA by restricting parental access to records associated with their child’s “gender transition.” She also prioritized clearing the accumulated FERPA complaints backlog that arose under the previous administration.
Educational institutions not compliant with FERPA and PPRA may face investigations or possible withdrawal of federal funding.
