The United States Ministry of Education is launching an investigation into California Department of Education for alleged violations of FERPA

Today, the US Department of Education Student Privacy Policy Office (SPPO) has launched an investigation into California Department of Education (CDE) for alleged violations of the Family Educational Rights Privacy Act (FERPA). FERPA gives parents the right to access their educational data for children. The California Department of Education would have abdicated the responsibilities that FERPA imposed due to a new California State law which prohibits school staff from disclosing gender identity for children to this child's parent.

The SPPO has reasons to believe that many local educational agencies (LEA) in California can violate FERPA to socially transition children to school while hiding the identity of parents' minors. Given the number of LEAs which seem to be involved, SPPO fears that the CDE has played a role, directly or indirectly, in the generalized adoption of these practices, which seems to be required by the California assembly bill recently promulgated.

Teachers and school advisers should not be advising minors entrusted to their care of substantial decisions concerning their sexual identity and mental health. This responsibility and this privilege are incumbent up on a parent or a loved one, said the secretary of education Linda McMahon. It is not only immoral but also potentially in contradiction with the federal law for Californian schools to hide crucial information on the well-being of parents of parents and tutors. The agency has launched an investigation today to vigorously protect the rights of parents and ensure that students are not victims of a radical transgender ideology which often leads to family alienation and irreversible medical interventions.

States' laws do not prevail over federal laws, and educational entities that receive federal funding are subject to FERPA and its implementation regulations. FERPA violation can lead to the end of federal funding educational entities.

Background:

FERPA is a federal law on privacy applied by the SPPO of the ministry. FERPA gives parents the right to access the education files of their children, the right to request corrections or registration amendments, and the right to control, significant exceptions, the disclosure of information personally identifiable in education files.

The 1955 California assembly bill, which was promulgated by Governor Gavin Newsom and took effect on January 1, 2025, seems to be conflict with FERPA by prohibiting schools from asking staff to disclose a gender identity from a child to this child's parent. Consequently, according to California Justice Center, each public school in California has a policy to deny or effectively prevent the parents of students … The right to inspect and review the educational files of their children.

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