Federal Investigation into California Education Policy
The U.S. Department of Education announced on Wednesday that California’s policy permitting school districts to keep students’ gender transitions confidential from their parents is in violation of federal law.
Education Secretary Linda McMahon claimed a federal investigation found that California education officials “grossly abused” their authority by urging school districts to conceal information regarding students’ gender changes from their families.
She stated, “Under Gavin Newsom’s leadership, school officials openly promoted ‘gender reassignment,’ targeted minors, and shared tactics to hide details about children from families. While the current administration overlooked this issue concerning parental rights, the Trump administration is committed to addressing it.”
She further emphasized, “Children do not belong to the state; they belong to their families, and we will utilize all available means to hold California accountable.”
California Department of Education spokesperson Liz Sanders responded, indicating that the department is reviewing McMahon’s letter, but asserted confidence that prior communications had adequately addressed the content of the letter.
In October, state education officials had informed school districts that state policy “does not mandate nondisclosure.”
The outcomes of the federal investigation pose a risk to the approximately $8 billion in annual education funding California receives from the federal government unless state officials take specific actions to address the violations.
The federal government suggested various measures for California, including notifying superintendents that Gender Support Plans and related documents are considered educational records, which are accessible to parents upon request. They also stressed that state laws should not contradict federal regulations.
It’s critical for school districts to comply with the Family Educational Rights and Privacy Act, which grants parents the right to access their children’s educational records. Additionally, states are required to incorporate federally approved content into their LGBTQ+ cultural competency training.
California’s AB 1955, signed into law by Governor Gavin Newsom in 2024, prohibits informing parents about the gender identity or sexual orientation of transgender and gay students without their consent.
The investigation by the federal government began last spring, following allegations that state officials were concealing minors’ gender identities from their parents while facilitating “social transitions” in schools. The federal agency also asserted that the state violated the Family Educational Rights and Privacy Act.
In October, state officials clarified in a letter that AB 1955 does not prevent employees from sharing information with parents, arguing that there is no conflict between AB 1955 and federal law.
Despite California’s assurances, the state’s policies are facing increasing scrutiny in legal circles.
Recently, a federal judge decided that schools cannot stop teachers from discussing students’ gender identities with parents, although an appeals court blocked that ruling shortly after. A group of parents from California who filed the lawsuit has asked the U.S. Supreme Court to reverse this recent decision.
Moreover, the Trump administration has filed a lawsuit against California, threatening to withhold funds over policies permitting biological males to compete in women’s sports.
