Education Department Presses States on Parental Notification in Transgender Policies

The U.S. Department of Education has formally demanded that California and Washington clarify how they will revise school policies to ensure parents are informed when students identify as transgender, warning of potential enforcement action if the states do not comply with federal law. This move marks an escalation in the ongoing debate over parental rights in education, particularly regarding the disclosure of students’ gender identity to their families. The Department’s intervention follows a series of federal actions targeting school districts accused of withholding information about students’ gender identity from parents, a practice that has drawn increasing scrutiny from both lawmakers and the courts.

Explainer Attorney General Ken Paxton’s Legal Impact on Texas Policies and Public Safety

The central issue is whether schools are required to notify parents when a student changes their claimed gender identity at school. Federal officials argue that parental rights are paramount, while state officials in California and Washington have defended their current practices, often citing student privacy and safety concerns. This dispute has become a flashpoint in the broader national conversation about the roles of parents, schools, and the government in the upbringing and education of children. Recent court rulings and federal investigations have only intensified the spotlight on state and district policies regarding parental notification.

Federal Demands and Legal Backing

On Thursday, the Education Department announced it was seeking clarity from California and Washington on how they plan to revise their policies to comply with federal law, specifically referencing the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law that protects the privacy of student education records and grants parents certain rights regarding their children’s information. The Department cited the U.S. Supreme Court’s decision in Mirabelli v. Olson, which it said affirmed that “parents — not the State — have primary authority with respect to the upbringing and education of children.”

In addition, a related decision from the Ninth Circuit Court of Appeals found that California’s law preventing schools from informing parents about students’ gender identity is likely unconstitutional. The Department of Education previously found California in violation of FERPA but has not yet revoked federal funding from the state. These legal developments have provided the Department with additional grounds to press for changes in state and district policies.

Frank Miller, director of the Student Privacy Policy Office (SPPO), emphasized the Department’s stance in a statement: “We are providing California and Washington the opportunity to explain to the Department and the families they serve how they are revising their policies to come into compliance with federal law. SPPO is determined to hold educational institutions accountable and ensure the protection of parental rights.”

State Responses and Ongoing Disputes

Officials in California and Washington have pushed back against the federal government’s demands. Washington State Superintendent Chris Reykdal issued a statement Thursday characterizing the federal actions as a “stunt” and asserting that Washington already complies with federal law. Reykdal also criticized the Department of Education’s focus on school policies related to gender identity, suggesting that federal authorities should prioritize other investigations instead.

The dispute in California and Washington is not unique. Other states have faced similar scrutiny over their parental notification policies. The Department of Education previously investigated Maine for comparable practices. More recently, the Department notified Maryland’s Anne Arundel County Public Schools and Michigan’s Ann Arbor Public Schools that the Department of Justice is now involved in enforcement actions regarding their parental notification procedures. These actions signal a broader federal effort to enforce compliance with FERPA and related parental rights provisions nationwide.

Enforcement Actions and Next Steps

The Department of Education has warned that enforcement actions against Anne Arundel County could include judicial proceedings and the potential loss of federal funding, a significant consequence for any public school district. Ann Arbor Public Schools has been given until August 10 to demonstrate why federal enforcement should not proceed against them. These deadlines and warnings underscore the seriousness with which the Department is approaching the issue.

Assistant Attorney General for Civil Rights Harmeet Dhillon reinforced the Department’s position, stating, “FERPA is not optional, and any districts that attempt to bypass or distort its requirements should expect immediate federal action.” Dhillon added that the Department of Justice will partner with the Department of Education to initiate enforcement proceedings with districts found to be noncompliant with federal law.

“Schools must end the practice of concealing vitally important information about students from parents who love them.”

— Frank Miller, director, Student Privacy Policy Office

While some previous attempts to revoke federal funding for state policies have been challenged in court, federal officials have indicated they may consider new approaches to ensure compliance with parental rights laws. The Department of Education has stated that it remains committed to upholding parental rights and will continue to monitor state and district actions closely. As the debate continues, both supporters and critics of the Department’s actions are watching closely to see how California, Washington, and other states respond to the federal government’s demands and the evolving legal landscape.