Today, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) launched an investigation into the California Department of Education (CDE) for alleged violations of the Family Educational Rights Privacy Act (FERPA). FERPA gives parents the right to access their children’s educational data. The California Department of Education has allegedly abdicated the responsibilities FERPA imposes due to a new California state law that prohibits school personnel from disclosing a child’s “gender identity” to that child’s parent.
SPPO has reason to believe that numerous local educational agencies (LEAs) in California may be violating FERPA to socially transition children at school while hiding minors’ “gender identity” from parents. Given the number of LEAs that appear to be involved, SPPO is concerned that CDE played a role, either directly or indirectly, in the widespread adoption of these practices, which appear to be required by the recently enacted California Assembly Bill 1955.
“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,” said Secretary of Education Linda McMahon. “It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s wellbeing from parents and guardians. 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.”
State laws do not override federal laws, and educational entities receiving federal funding are subject to FERPA and its implementing regulations. Violation of FERPA can result in termination of an educational entity’s federal funding.
Background:
FERPA is a federal privacy law enforced by the Department's SPPO. FERPA gives parents the right to access their children’s education records, the right to request record corrections or amendments, and the right to control, with important exceptions, disclosure of personally identifiable information in education records.
California Assembly Bill 1955, which was signed into law by Governor Gavin Newsom and took effect on January 1, 2025, appears to conflict with FERPA by prohibiting schools from requiring personnel to disclose a child’s “gender identity” to that child’s parent. As a result, according to the California Justice Center, “every public school in California has a policy of denying, or effectively preventing, the parents of students...the right to inspect and review the education records of their children.”