LA School District Faces Federal Enforcement Over Gender Identity Disclosure Policies, Feds Urge Nationwide Protection of Parental Rights

The U.S. Departments of Education and Justice announced Oct. 5 that they sent a joint letter to state attorneys general emphasizing parental rights under federal education privacy laws and launched an enforcement action against the Los Angeles Unified School District.

According to the departments’ announcement, the action concerns district policies governing the disclosure of students’ gender identity to parents. Federal officials contend those policies violate the Family Educational Rights and Privacy Act, known as FERPA, and the Protection of Pupil Rights Amendment, or PPRA.

The departments said the policies instruct employees to ask students privately how they want to be addressed when communicating with parents or guardians and to keep information about their gender identity confidential, including from parents.

The announcement did not specify the enforcement mechanism, potential penalties or a deadline for district compliance. It also did not include a response from LAUSD. The alleged violations represent the administration’s position; the release does not identify a court ruling resolving those claims.

Education Secretary Linda McMahon said the department would work with DOJ to enforce parental rights and encouraged state attorneys general to cooperate. Assistant Attorney General for Civil Rights Harmeet K. Dhillon similarly described parents as their children’s primary protectors.

The joint letter to state attorneys general places the administration’s enforcement effort within two laws that address different aspects of student privacy and parental access.

FERPA generally protects education records and gives parents rights to inspect those records, request amendments and control certain disclosures of personally identifiable information.

PPRA governs surveys, analyses and evaluations involving protected subjects, including sexual behavior or attitudes, religious beliefs, and mental or psychological problems. Its requirements depend on the activity and funding involved. Certain required surveys conducted under Education Department programs require prior written parental consent, while other covered surveys require notice and an opportunity to opt out. studentprivacy.ed.gov

The administration also linked Monday’s announcement to the fifth anniversary of an October 2021 Justice Department memorandum addressing threats against school personnel. The release accused the Biden administration of using federal law enforcement to target parents over their participation in school board debates.

The Oct. 4, 2021, memorandum, however, did not label parents domestic terrorists. It directed the FBI and federal prosecutors to coordinate with other law enforcement agencies on threats, intimidation and harassment, while explicitly recognizing constitutional protection for spirited debate over school policies. That wording is distinct from the current administration’s allegations about how investigations were conducted. justice.gov

DOJ said its Weaponization Working Group released a report Monday examining the memorandum’s development. The announcement described investigations involving parents opposed to school policies, but the linked report was unavailable for independent review.

The departments said the new effort builds on earlier Education Department guidance and an interagency partnership intended to coordinate enforcement of parental and civil rights laws.