California Ban on Notifying Parents of Gender Transitions Violated Federal Law, Trump Administration Finds

The U.S. Department of Education has declared that California’s policy allowing schools to withhold information about students’ gender transitions from parents violates federal law. The announcement came Wednesday following a federal investigation into the state’s practices.

Education Secretary Linda McMahon stated that California education officials “egregiously abused” their authority by encouraging school districts to conceal information about gender transitions from parents. The investigation found evidence that some school personnel had “bragged about facilitating gender transitions” while developing strategies to withhold this information from families.

“Children do not belong to the State—they belong to families,” McMahon said in her statement. “We will use every available mechanism to hold California accountable for these practices and restore parental rights.”

At stake is nearly $8 billion in annual federal education funding that California receives. To maintain this funding, California must work with the Trump administration to address the identified violations.

The federal government has outlined several remedial actions for California, including issuing notices to all superintendents and administrators clarifying that “gender support plans” are considered education records subject to parental inspection. The state must also ensure superintendents understand that state laws cannot override federal regulations, particularly the Family Educational Rights and Privacy Act (FERPA), which guarantees parents the right to access their children’s educational records.

California’s policy, known as AB 1955 and signed into law by Governor Gavin Newsom in 2024, prohibits schools from notifying parents of students’ gender identity or sexual orientation without the student’s consent. This has created tension with federal regulations that emphasize parental rights.

California Department of Education spokesperson Liz Sanders responded that the department is reviewing the federal letter but believes it has “addressed the essence of this letter in previous communications.” State officials had informed school districts in October that the policy “does not mandate nondisclosure.”

In an October communication to school districts, California officials wrote, “AB 1955 does not prohibit LEA staff from sharing any information with parents.” They further asserted, “Based on the plain language of both laws, there is no conflict between AB 1955 and FERPA, which both permit parental access to their student’s education records upon request.”

Governor Newsom’s office previously maintained that “parents continue to have full, guaranteed access to their student’s education records as required by federal law.”

The dispute extends beyond administrative channels into the judicial system. Last month, a federal judge ruled that schools cannot prevent teachers from sharing information about students’ gender identity with parents. However, an appeals court subsequently blocked this ruling. A group of California parents who initiated the case are now petitioning the U.S. Supreme Court to reinstate the earlier decision.

This is not the only area where California’s policies are facing federal scrutiny. The Trump administration is also pursuing legal action against the state over policies allowing transgender athletes to compete in girls’ sports, with similar threats to withhold federal funding.

The conflict highlights the ongoing national debate over parental rights in education, particularly regarding gender identity issues. The Education Department’s stance represents a significant shift from the previous administration, with McMahon stating, “While the Biden Administration turned a blind eye to this deprivation of parental rights and endorsed the irreversible harms done to children in the name of radical transgender ideology, the Trump Administration will fight relentlessly to end it.”

As this situation develops, California faces complex decisions about how to balance state laws with federal requirements, all while addressing the needs of students, parents, and educators navigating sensitive issues of gender identity in schools.