The U.S. Department of Education’s Student Privacy Policy Office (SPPO) has determined that the California Department of Education (CDE) is violating the Family Educational Rights and Privacy Act (FERPA). The findings relate to state policies that encourage school officials to withhold information from parents about students’ gender identity and related transitions.
“Our investigation found that the California Department of Education egregiously abused its authority by pressuring school officials to withhold information about students’ so-called ‘gender transitions’ from their parents. Under Gavin Newsom’s failed leadership, school personnel have even bragged about facilitating ‘gender transitions,’ and shared strategies to target minors and conceal information about children from their own families. While the Biden Administration turned a blind eye to this deprivation of parental rights and endorsed the irreversible harms done to children in the name of radical transgender ideology, the Trump Administration will fight relentlessly to end it,” said U.S. Secretary of Education Linda McMahon. “Children do not belong to the State—they belong to families. We will use every available mechanism to hold California accountable for these practices and restore parental rights.”
The SPPO report states that CDE policies create pressure on schools to adopt practices that violate FERPA. Specifically, California laws such as AB 1955 prohibit schools from informing parents about a child’s gender transition, leading districts into a position where they must choose between following federal law or facing potential lawsuits from the state. According to district leaders, these policies force them into conflict between state requirements and federal privacy regulations.
The investigation also found that CDE encourages school districts to keep information about students’ gender identity confidential through “gender support plans.” These plans are maintained in separate filing systems intended to prevent parental access, despite FERPA granting parents the right to inspect all education records related to their minor children.
SPPO has offered CDE an opportunity for voluntary compliance by taking several steps: notifying superintendents and administrators that “gender support plans” are considered education records under FERPA; clarifying there is no exception for unofficial records; ensuring written assurances that local educational agencies (LEAs) enforce FERPA regarding gender identity; requiring LEAs certify compliance with FERPA; and adding SPPO-approved FERPA training content into LGBTQ cultural competency training for teachers.
According to SPPO’s findings, some school staff went as far as requesting changes in student management software so student name changes or pronoun updates would not be visible in parent portals. Staff communications since 2022 reveal instances where names were changed without parental knowledge, different names were used in front of parents, and parent access was restricted through software overrides.
In at least one reported case heard by the Ninth Circuit Court of Appeals, a mother sued her daughter’s school after learning staff had encouraged her daughter’s transition without informing her, citing a “parental secrecy policy.” At least 300 students have reportedly been placed on “Gender Support Plans” without parental consent or knowledge.
California officials have opposed local districts attempting parental notification policies. When Chino Valley Unified School District adopted such a policy in July 2023, state leaders including Superintendent Tony Thurmond and Attorney General Rob Bonta intervened, arguing these actions violated students’ constitutional privacy rights under state law. The Attorney General subsequently filed lawsuits against Chino Valley and other districts over similar issues.
Since March 2025, SPPO has requested CDE issue guidance affirming parents’ right under FERPA to inspect gender support plans but reports continued noncompliance from CDE despite federal grant agreements requiring adherence to federal law.
In March 2025, SPPO issued a Dear Colleague Letter reminding state superintendents of their obligations under FERPA regarding parental access. Secretary McMahon added: “by natural right and moral authority, parents are the primary protectors of their children.”
FERPA is enforced by SPPO within the Department of Education and gives parents rights concerning access, correction requests, and control over disclosure of personally identifiable information in education records.
