The U.S. Department of Education launched an investigation of the California Department of Education over alleged violations of the Family Educational Rights Privacy Act (FERPA) after a new California law went into effect that bars schools from disclosing a child’s “gender identity” to their parents.
FERPA ensures parents have the right to access their children’s educational information, and the Trump administration says that includes interactions with school employees pertaining to gender identity and mental health.
“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,” Education Secretary Linda McMahon said in a statement.
“It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s well-being from parents and guardians.”
California Gov. Gavin Newsom spokesperson Elana Ross told Fox News Digital in a statement Thursday that “Parents continue to have full, guaranteed access to their student’s education records, as required by federal law.”
“If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed,” Ross said.
Newsom signed Assembly Bill 1955 into law last year, which prohibits school districts, county offices of education, charter schools, and state special schools from adopting or enforcing policies that require employees or contractors to disclose information related to a student’s sexual orientation, gender identity, or gender expression without the student’s consent, unless otherwise mandated by law.
Newsom’s office argues the bill strengthens California’s existing protections against “forced outings” of students in schools and ensures that teachers and staff do not interfere with parent-child relationships. The administration previously sued the Chino Valley Unified School District in August 2023 concerning its policy that mandates parental notification when a student changes gender identification or pronouns.
On Thursday, McMahon separately sent a warning to Newsom to comply with federal law barring transgender athletes from competing in women’s sports. The warning and investigation comes after California made itself the first “sanctuary” state in the nation for transgender minors and has engaged in a multiyear battle with local school districts over their notification policies.
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