On Wednesday, the Department of Education (ED) claimed that California is violating federal law by instructing schools to keep students’ “gender transitions” secret from their parents.
The ED’s Student Privacy Policy Office (SPPO) stated that an investigation into the California Department of Education (CDE) discovered breaches of the Family Educational Rights and Privacy Act (FERPA), which grants parents rights over their children’s educational records.
Education Secretary Linda McMahon remarked:
Our investigation showed that California’s education officials have misused their authority by pressuring school staff to keep parents in the dark about students’ so-called “gender transitions.” Under Gavin Newsom’s ineffective leadership, school officials have even boasted about encouraging “gender reassignment” among minors and discussed tactics to conceal information from families.
“While the Biden administration has overlooked this infringement on parental rights and accepted the harm inflicted on children under the guise of radical transgender ideology, the Trump administration will unwaveringly combat this deprivation of rights for parents,” she continued. “Children aren’t objects of the state; they belong to their families. We will pursue every avenue to hold California accountable and restore parental rights.”
Read more: Gavin Newsom signs bill denying parents’ right to learn of their child’s gender change at school
The ED indicated that the SPPO found CDE’s practices exert significant state pressure on schools to adopt policies that violate FERPA. They referenced California law AB 1955, which disallows schools from requiring parental notification regarding a child’s “gender reassignment.”
According to the ED’s statements, district leaders believe the state law and CDE policies force them into a dilemma: comply with FERPA or face potential lawsuits from the state.
The investigation also suggested that CDE might be permitting districts to utilize a “secret gender support program” managed in a separate filing system, aimed primarily at concealing these records from parents. A report disclosed that over 300 children in California were placed on “gender support plans” or had their names and pronouns altered by the school system during the 2023-2024 academic year.
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The SPPO initiated its probe in March 2025 and made several requests for CDE to provide guidance on FERPA compliance, all of which the ED asserts were ignored.
That same month, SPPO sent a letter to state school superintendents demanding adherence to FERPA, emphasizing that “by natural right and moral authority, parents are the primary guardians of their children.”
However, the ED previously indicated that state law contradicts this, suggesting it supersedes federal law and noting that educational institutions receiving federal funds must comply with FERPA. Noncompliance could lead to loss of federal funding.
An advocacy group called Parents Protecting Education (PDE) found that by 2025, over 1,000 school districts nationwide would have policies in place stating that officials may or should conceal students’ transgender identities from their parents. These districts encompass more than 21,000 schools and nearly 12.4 million students.
