U.S. Department Of Education Launches Investigation Into State Student Pronoun Change Law

The U.S. Department of Education’s Student Privacy Policy Office (SPPO) announced on Thursday that they would be launching an investigation into the California Department of Education (CDE) over a state law that prohibits school districts from allowing teachers to let parents know if their child is using a new pronoun at school.

According to the DOE, the law is in violation of the Family Educational Rights Privacy Act (FERPA). FERPA, a federal law that protects the privacy of student education records while also giving parents the right to access their children’s educational data, was previously been mentioned as a possible deterrent last year, when the law was initially passed in California. That possibility became a reality on Thursday, with the SPPO saying that that multiple education agencies in California who are following the law are now in violation of FERPA.

“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,” said Secretary of Education Linda McMahon in a statement. “It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s wellbeing 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.”

The DOE announcement now puts the California law, which was passed last year as Assembly Bill 1955, in danger. AB 1955 was one of the most controversial new bills of the spring session in 2024, with bill author Assemblyman Chris Ward (D-San Diego) being adamant about AB 1955’s passage.

“Teachers should not be the gender police and violate the trust and safety of the students in their classrooms,” said Assemblyman Ward last year. “Parents should be talking to their children, and the decision for a student to come out to their family members should be on their own terms. The SAFETY Act simply ensures that conversations about gender identity and sexuality happen at home without interference from others outside of the family unit.”

Fight over FERPA

AB 1955 wound up being passed by both houses in June 2024 and signed into law by Governor Gavin Newsom that July. Supporters of the bill swiftly mounted a defense against the growing criticism, saying that AB 1955 “kept children safe“, despite FERPA concerns, outcry over interference into the parent-child relationship, and numerous other issues. While the bill came into effect in January, President Donald Trump was also inaugurated into office with a promise to crack down on state laws like AB 1955 that violated federal law. This led to the DOE’s decision on Thursday.

However those for the law, including AB 1955 author Assemblyman Ward, are adamant that AB 1955 fits within the bounds of FERPA and is simply “federalism over education policy”.

“Trump Republicans need to decide which way they want to have it on federalism over Education Policy. On one hand they would like to dismantle the Dept of Education and leave power to states. On the other, there is this,” said Assemblyman Ward to the Globe on Thursday.

“Secretary McMahon cites that this is necessary to prevent indoctrination by schools. This accusation was widely thrown around during discussion of AB 1955 and is just false, and harmful premise.  Requiring governmental school officials to expose them without their consent runs afoul of the US Constitution, is immorally invasive, and is counter to overwhelming mental health evidence on the subject. Parents have always retained the right to have meaningful conversation with their children and play a crucial role in their development, teachers just want to teach and provide a safe and supportive school environment in which to learn, and all of this was underscored in consideration of AB 1955.

“AB 1955 is consistent with FERPA, as shown in our analysis, which retains the rights of parents to ask for official school records. This issue of forced outings has been tested in federal courts already and very recently the 11th Circuit Court found Florida was not obligated to forcibly out students. Even a Trump judge appointee had a concurring opinion on the matter, because an individual’s privacy is constitutionally protected. So we are left with the Trump administration going on an unconstitutional crusade to wield essential tax dollars paid for by Californians and deserved for every child’s education, as ransom for violating privacy protections. Talk about a weird obsession.”

Governor Newsom’s office also responded on Thursday.

“Parents continue to have full, guaranteed access to their student’s education records, as required by federal law,” added Gavin Newsom spokesperson Elana Ross. “If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed.”

As a violation of FERPA can result in termination of an educational entity’s federal funding, education agencies across the state are treading lightly on Thursday and are deciding on the next step. The DOE investigation is expected to begin soon.