The U.S. Department of Education has determined that California’s policy prohibiting parental notification of students’ gender transitions violates federal law, raising concerns about parental rights and education funding.
The U.S. Department of Education announced on Wednesday that a California policy permitting school districts to withhold information about students’ gender transitions from their parents is in violation of federal law.
Secretary of Education Linda McMahon stated that a federal investigation revealed that California education officials “egregiously abused” their authority by pressuring school districts to conceal information regarding students’ gender transitions from their families.
“Under Gavin Newsom’s failed leadership, school personnel have even bragged about facilitating ‘gender transitions’ and shared strategies to target minors and conceal information about children from their own families,” McMahon said in a statement. “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.”
McMahon emphasized that “children do not belong to the State—they belong to families,” and vowed to use every available mechanism to hold California accountable for these practices and restore parental rights.
In response, California Department of Education spokesperson Liz Sanders stated that the department is reviewing the letter sent by McMahon but believes they have already addressed the essence of the concerns raised. State education officials previously informed school districts that the state’s policy does not mandate nondisclosure.
The findings from the federal investigation could jeopardize the nearly $8 billion in education funding that the federal government allocates to California each year if state officials do not collaborate with the Trump administration to rectify the identified violations.
To address these violations, the federal government outlined several potential actions for California, including issuing a notice to all superintendents and administrators clarifying that “gender support plans” and related documentation are considered education records subject to parental inspection upon request. Additionally, the state must ensure that its laws do not undermine or contradict federal law.
School districts will need to confirm their compliance with the Family Educational Rights and Privacy Act (FERPA), which grants parents the right to inspect their children’s educational records. Furthermore, the state is required to incorporate content approved by the federal government into its LGBTQ+ cultural competency training.
The controversial state policy, known as AB 1955, was signed into law by Governor Gavin Newsom in 2024. It prohibits the notification of parents regarding the gender identity or sexual orientation of transgender and gay students without the student’s consent.
Last spring, the federal government launched an investigation into the California Department of Education, asserting that state officials were facilitating the social transition of children at school while concealing minors’ gender identities from their parents. The federal agency also claimed that the state was in violation of FERPA.
In October, state officials communicated to school districts that AB 1955 does not prevent local education agency (LEA) staff from sharing information with parents. They argued that the plain language of both AB 1955 and FERPA allows for parental access to students’ education records upon request.
Newsom’s office reiterated last year that “parents continue to have full, guaranteed access to their student’s education records as required by federal law.”
California’s policies are currently under scrutiny in the courts. A federal judge ruled last month that schools cannot prevent teachers from sharing information about a student’s gender identity with their parents; however, an appeals court blocked that ruling earlier this month. A group of California parents involved in the case is now seeking intervention from the U.S. Supreme Court to reinstate the earlier decision.
Additionally, the Trump administration is pursuing legal action against California and has threatened to withhold funding over a policy that allows biological males to compete in girls’ sports.
According to Politico, the situation continues to evolve as both state and federal authorities navigate the complex intersection of parental rights, student privacy, and educational policy.