An investigation by the Department of Education’s Student Privacy Policy office found that the California Department of Education violated federal law by pressuring school officials to conceal information about students’ “gender transitions” from their parents.
The Education Department said in a news release Wednesday that the CDE “pressured school officials to withhold information” about students’ gender identity and transitions despite the action directly violating the Family Educational Rights and Privacy Act.
FERPA is a federal law that generally gives parents the right to access their children’s education.
The investigation, started in March 2025, found that California’s guidance and state laws have created pressure for schools to hide gender identity information from parents, denying them access to records and support plans related to a student’s gender.
Education Secretary Linda McMahon said the department’s investigation found state policies “egregiously abused” authority and resulted in withholding information from families.
“Children do not belong to the State — they belong to families,” McMahon said. “We will use every available mechanism to hold California accountable for these practices and restore parental rights.”
The findings focus on California’s interpretation of a state law, Assembly Bill 1955, which prohibits school districts from requiring that parents be informed of their child’s gender transition.
The Education Department said state guidance and actions have pushed local districts to create separate “gender support plans” that are not included in parents’ accessible education records, a practice it said violates FERPA.
CDE said it was backed in a corner, forced either to violate FERPA or be sued by the state for speaking with parents.
The federal agency offered California options to voluntarily resolve the violations, including issuing updated guidance clarifying that gender support plans and related documentation are educational records subject to parents’ inspection and ensuring compliance with FERPA in training and policy.
The dispute reflects a long line of legal and policy conflict surrounding gender in the Golden State.
Last year, a federal judge in San Diego blocked California’s policies that prevented teachers from disclosing students’ preferred gender identities and pronouns to parents, ruling that such secrecy policies violated parents’ and teachers’ rights.
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California officials, including Superintendent of Public Instruction Tony Thurmond, have previously defended the state’s approach as a matter of student privacy and protection, asserting it allows parental access to educational records while protecting students from being “outed.”
The Education Department’s findings could prompt enforcement actions, including loss of already-at-risk federal funding, if California does not take corrective steps to align its policies with federal law.
The Washington Examiner reached out to the California Department of Education for comment.
