Trump Admin Says California Violated Federal Law by Hiding Students’ Gender Identities
The Trump administration has determined California’s landmark student privacy law violated federal education law, escalating an ongoing battle over parental rights and LGBTQ+ protections in schools.
Federal officials said a review by the U.S. Department of Education’s Student Privacy Policy Office found that state policies and guidance pressured school personnel to conceal information about students’ gender identity or “gender transitions” from parents, violating the Family Educational Rights and Privacy Act, or FERPA.
The conflict stems from California’s 2024 Safety Act, AB 1955, which bars schools from requiring educators to disclose a student’s LGBTQ+ identity without consent. State leaders argue the law simply protects students’ privacy and does not prohibit voluntary communication with parents.
Education Secretary Linda McMahon said the department’s investigation found state officials “egregiously abused” authority by pressuring districts to hide records and urged California to reclassify “gender support plans” as inspectable education records under FERPA.
McMahon called parental access to education records a fundamental right, framing the dispute as a federal enforcement of parental rights over state privacy protections.
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FERPA experts say the statute gives parents rights to inspect records, but it doesn’t compel schools to notify parents of every change in a child’s identity, leaving the federal interpretation controversial.
Why it matters…
California receives billions annually in federal education funding, and if the state fails to comply with federal interpretations of FERPA, it could face serious financial consequences.
What happens next…
California education officials are reviewing the federal determination and must decide whether to alter guidance and policies or challenge the interpretation in court. A standoff could lead to litigation or federal funding conditions.
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