Feds Investigate California Schools Accused of Hiding Children’s Gender Transition From Parents

A new state law could violate federal law, officials say. A parental rights group says hundreds of U.S. districts are noncompliant.

Residents gather outside an Orange Unified School District board meeting, during which the board passed a policy to notify parents when their child wishes to identify as transgender, in Orange, Calif., on Sept. 7, 2023. Mei Lee/The Epoch Times

A California policy that prevents schools from requiring staff to disclose a child’s gender identity or sexual orientation to his or her parents may be in violation of a federal law, the U.S. Department of Education announced Thursday.

The federal agency’s Student Privacy Policy Office, which oversees the Family Educational Rights Privacy Act (FERPA), is investigating instances in California where school personnel in various districts allegedly hid information from parents and assisted students with their gender “transition,” a March 27 news release notes.

The Department of Education alleged that AB 1955, which took effect on Jan. 1, conflicts with FERPA, which gives parents the right to review students’ records. The department’s news release said federal law supersedes any state law in this case.

“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 the news release.

“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. The agency launched today’s investigation to vigorously protect parents’ rights and ensure that students do not fall victim to a radical transgender ideology that often leads to family alienation and irreversible medical interventions.”

In an email response to The Epoch Times, the California Department of Education said the federal law only requires schools to provide student records on request, not verbal disclosures.

“AB 1955 prohibits local educational agencies from mandating that staff disclose students’ gender identity to parents without student consent unless otherwise required by state or federal law,” the California agency wrote. “AB 1955 does not mandate nondisclosure. Based on the plain language of both laws, there is no conflict between AB 1955 and FERPA, which permits a parent access to their student’s written records upon request.”

Upon returning to the White House, President Donald Trump issued an executive order prohibiting schools from promoting the idea that there are more than two genders. School districts and states also face federal funding cuts for allowing males identifying as transgender to compete in girls’ or women’s sports.

Parents Defending Education, whose leaders in recent months have testified before legislative committees regarding educational issues, reports on its website that 1,214 districts across the country serving more than 12 million students in grades K-12 have policies openly stating that “district personnel can or should keep a student’s transgender status hidden from parents.”