Kamal Ghorui
The United States Department of Education has concluded that the California Department of Education violated federal law by maintaining policies that prevented parents from accessing certain student records related to gender identity.According to a press release issued by the Department, the finding was made by its Student Privacy Policy Office, which enforces the Family Educational Rights and Privacy Act, a federal law that grants parents the right to inspect their children’s education records.The investigation found that California’s education policies created pressure on school districts to conceal information about students’ gender identity from parents, placing districts in conflict with federal privacy requirements.“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,” U.S. Secretary of Education Linda McMahon said in a statement included in the press release.
Federal findings and state policy conflict
The Student Privacy Policy Office said California laws, guidance and legal actions effectively coerced school districts into withholding records that should be accessible to parents under federal law. The press release cited Assembly Bill 1955, which prohibits schools from requiring parental notification of a student’s gender transition, as a central point of tension.District leaders told investigators that state policy left them choosing between complying with federal law or facing legal action from the state, according to the Department.The investigation also found that some districts used separate filing systems for documents known as gender support plans. These plans, the Department said, were kept outside students’ cumulative records with the stated purpose of preventing parental access.The Department said guidance from the California Department of Education asserting that such plans were not part of an education record violated parental inspection rights under the Family Educational Rights and Privacy Act.
Steps proposed to resolve violations
The press release said the Department has offered California the opportunity to voluntarily resolve the violations. Proposed steps include issuing statewide guidance clarifying that gender support plans are education records subject to parental inspection and publicizing that there is no unofficial records exception under federal law.The Department also called for written assurances that school districts will be allowed to comply with federal requirements, certification from local education agencies confirming compliance, and the addition of federally approved privacy training to existing teacher training programs.Failure to comply could risk the loss of federal funding, the Department warned.
Background cited by investigators
According to the press release and public records reviewed during the investigation, school staff in California took steps to limit parental visibility into student records. These included requesting software changes to hide name and pronoun updates from parent portals and using different names for students in communications with parents.The Department said reports showed that at least 300 students were placed on gender support plans, many without parental knowledge. The press release also referenced ongoing litigation and a recent case heard by the Ninth Circuit Court of Appeals involving a parent who alleged school staff concealed information about her child’s gender identity.California officials have previously argued that students have a constitutional right to privacy from their parents and that mandatory disclosure could harm transgender students. The Department’s finding directly challenges that position, stating that federal law requires parental access to all education records related to minor children.
What comes next
The Department said it will continue monitoring California’s response and compliance efforts. In a Dear Colleague Letter sent earlier this year, the Student Privacy Policy Office identified the withholding of gender identity records from parents as a priority concern under federal law.The outcome of the dispute is likely to shape how school districts balance state guidance with federal privacy obligations. For now, the finding places California’s education policies under federal scrutiny, with compliance timelines and potential funding consequences still unresolved.
