The U.S. Department of Education’s Student Privacy Policy Office (SPPO) has found the California Department of Education (CDE) in “continued violation of the Family Educational Rights and Privacy Act (FERPA).”
This federal law is designed to protect the privacy of student education records and grants parents the right to access these records. The CDE’s policies, which reportedly pressure school officials to withhold information about students’ gender identity from their parents, have sparked significant controversy.
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“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,” stated U.S. Secretary of Education Linda McMahon in a press release.
Why Outing Student Gender Identities to Parents Can Be So Dangerous
California’s state laws, including AB 1955, prohibit schools from mandating parental notification regarding a child’s gender transition. These measures aim to protect transgender children who might delay or avoid sharing their identity with their parents due to fears of rejection, abuse, being kicked out of their home or loss of autonomy, reports the New York Times. Schools often serve as a safer environment for students to explore their identities, supported by peers and educators.
Despite these considerations, the federal government insists on parental access to educational records, including those related to gender identity.
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In response to the violations, SPPO has proposed several corrective actions for the CDE:
- Issuing notices to superintendents and administrators, affirming that “gender support plans” are part of educational records under FERPA.
- Publicizing that no “unofficial records” exception to FERPA exists and clarifying that California laws must not contradict federal regulations.
- Providing written assurance that the CDE will permit local education agencies (LEAs) to enforce FERPA concerning gender identity.
- Requiring LEAs to certify their understanding and compliance with FERPA.
- Incorporating FERPA training approved by SPPO into the California Education Code’s LGBTQ cultural competency training.
