California — The U.S. Department of Education’s Student Privacy Policy Office (SPPO) has concluded that the California Department of Education (CDE) remains in violation of the Family Educational Rights and Privacy Act (FERPA), citing policies and guidance that pressure school districts to withhold student information from parents.
According to SPPO’s findings, state laws and directives—most notably Assembly Bill 1955—have created what investigators described as state-directed coercion that results in FERPA noncompliance. FERPA guarantees parents the right to inspect education records related to their minor children.
The investigation found that some school districts, citing state guidance, maintained “gender support plans” and related documentation in separate or unofficial filing systems, with the express purpose of preventing parental access. SPPO determined that such records are education records under federal law and must be made available to parents upon request.
U.S. Secretary of Education Linda McMahon said the department would pursue enforcement measures to restore parental rights and ensure compliance with federal law. She criticized California officials for endorsing policies that, in her words, encouraged secrecy from families.
SPPO offered California the opportunity to voluntarily resolve the violations by issuing statewide guidance clarifying that gender-related plans are subject to FERPA, warning districts that state law cannot override federal requirements, and requiring local education agencies to certify compliance. The proposed resolution also calls for FERPA-approved training to be added to California’s existing educator training requirements.
The findings follow reports and court cases alleging that school staff altered student records, concealed name or pronoun changes from parents, and instructed students not to disclose gender-related decisions to their families. State officials have previously argued that such policies protect student privacy under California law.
SPPO’s investigation began in March 2025. The office reported that California education officials repeatedly declined to issue clarifying guidance despite certifying compliance with federal law as a condition of receiving federal funding.
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