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Bonta Sues to Keep Parents in the Dark

Bonta Sues to Keep Parents in the Dark

The lawsuit comes after a federal investigation sparked by a California Justice Center complaint exposing FERPA violations.

Just weeks after a federal investigation found that the California Department of Education had “egregiously abused its authority” by hiding students’ gender transitions from parents, California Attorney General Rob Bonta sued to stop federal enforcement actions — the latest move in his crusade to keep parents in the dark.

In January, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) announced findings that California Department of Education (CDE) policies are in “continued violation” of the Family Educational Rights and Privacy Act (FERPA) — the federal law guaranteeing parents access to their children’s education records.

The federal investigation was launched in March 2025 in response to a complaint CPC’s California Justice Center filed with the U.S. Dept. of Education, alerting federal officials that California Assembly Bill 1955 — which went into effect in January 2025 — violated FERPA.

Following a 10-month federal probe, SPPO found that California’s policies and practices create “powerful state-directed pressure for schools to adopt policies that have led to FERPA noncompliance.” FERPA prohibits the U.S. Department of Education from funding schools

having policies that deny, or which effectively prevent, parents from exercising their right to inspect and review the education records of their children. This is not discretionary, but mandatory.

As the SPPO explained in a press release last month:

“Instead of ensuring compliance with FERPA as a recipient of Federal funding, California state laws, guidance, and legal actions – such as AB 1955, which prohibits schools from requiring parents to be informed of their child’s ‘gender transition’ – have effectively coerced districts to withhold information from parents in violation of FERPA. 

… SPPO further determined that the CDE coerces school districts to withhold information about students’ ‘gender identity,’ including through the use of secret ‘gender support plans’ kept in separate filing systems for the primary purpose of hiding these records from parents. The CDE’s guidance asserts these plans are not part of a student’s cumulative record accessible to parents, which directly violates parents’ rights under FERPA to inspect all education records related to their minor children.(emphasis added)

In other words, rather than comply with federal demands to bring California into alignment with FERPA, Bonta has spent 10 months advancing a legal hat trick: sending a series of notices to school districts advising school officials that they are required to comply with FERPA, while at the same time insisting that “there is no conflict between AB 1955 and FERPA.”

Indeed, in his February lawsuit, Bonta continues to argue that gender support plans and other “unofficial” documents related to a student’s gender transition do not qualify as “education records” under FERPA at all.

Bonta’s complaint states:

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The Legislative Architecture: How Federal and State Powers Divide Gambling Oversight

Australia operates under a constitutional division of powers that leaves most gambling regulation to individual states and territories rather than the federal government. This means that a poker machine sitting on a pub floor in New South Wales is governed by different rules than an identical machine in Victoria or Queensland. The NSW Gaming Machines Act 2001, Victoria’s Gambling Regulation Act 2003, and Queensland’s Gaming Machine Act 1991 each establish distinct licensing regimes, harm minimization requirements, and enforcement mechanisms. This fragmentation was largely tolerable in the era of land-based gambling, but the rise of internet-based wagering forced a reckoning.

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What the IGA Actually Prohibits and Where Offshore Casinos Fit

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Resources that explain these mechanics in plain language serve a genuine public information function. The site https://www.real-money-casinos-online.com/ is one example of a platform that documents how the regulatory distinction between licensed domestic operators and offshore alternatives affects Australian players in practical terms, including which payment methods are typically available, how dispute resolution works in the absence of local licensing, and what protections a player can realistically expect when engaging with an unlicensed platform. Understanding those differences is not a trivial matter: an Australian player using a licensed domestic wagering service has access to the National Self-Exclusion Register, mandatory responsible gambling tools, and a formal complaints pathway through the relevant state or territory regulator. A player using an offshore casino has none of those protections by default, though some offshore operators voluntarily adopt harm minimization measures to maintain credibility with their customer base.

The 2023 review of the IGA conducted by the Senate Environment and Communications References Committee produced a series of recommendations that have not yet been fully legislated but signal the direction of future reform. Among the most significant proposals was a recommendation to consider a licensing framework for offshore online casino operators, which would allow the government to impose consumer protection conditions as a condition of market access rather than simply attempting to exclude all offshore operators through blocking. This represents a philosophical shift in regulatory thinking — from prohibition to managed access — and mirrors approaches taken in the United Kingdom, Malta, and several Scandinavian jurisdictions over the preceding decade.

Advertising Restrictions, Responsible Gambling Obligations, and the Role of ACMA

Gambling advertising in Australia is regulated through a combination of the Broadcasting Services Act 1992, the IGA, and state-specific codes administered by bodies like the Victorian Gambling and Casino Control Commission and the NSW Independent Casino Commission. The federal framework prohibits certain forms of gambling advertising during live sports broadcasts in the period immediately before and after the event, as well as during the event itself. These restrictions were tightened progressively between 2013 and 2018 following sustained public pressure and recommendations from the Productivity Commission’s 2010 gambling inquiry, which remains the most comprehensive independent review of Australian gambling policy ever conducted.

The Productivity Commission’s 2010 report estimated that problem gamblers accounted for approximately 40 percent of total gambling losses in Australia despite representing only a small fraction of the gambling population — a statistic that has been cited in virtually every subsequent policy debate and that continues to underpin the case for stricter harm minimization requirements. More recent research from the Australian Institute of Health and Welfare has refined these estimates, but the fundamental finding — that gambling harm is concentrated among a relatively small group of highly engaged players — has remained consistent across methodologies and time periods.

Licensed operators in Australia are required to implement a range of responsible gambling measures as conditions of their licences. These include mandatory pre-commitment tools for electronic gaming machines in some jurisdictions, deposit limits for online wagering services, cooling-off periods before a player can reverse a self-exclusion decision, and staff training requirements. The National Self-Exclusion Register, known as BetStop, launched in August 2023 and represented a significant step toward a unified national approach. Before BetStop, a player who wanted to self-exclude from online wagering services had to contact each operator individually, a process that was cumbersome and easy to circumvent simply by opening an account with a different operator. BetStop allows a player to register a single exclusion that is binding on all licensed Australian interactive wagering service providers simultaneously, and operators are required to check new account registrations against the register before allowing a customer to bet.

ACMA’s enforcement role has expanded considerably since the 2017 amendments. The authority publishes a regularly updated list of sites that have been formally warned or had blocking directions issued against them, and it maintains a complaints portal through which members of the public can report suspected breaches of the IGA. Between July 2019 and June 2024, ACMA actioned complaints relating to more than 900 illegal gambling services, resulting in blocking directions for the majority of those sites. The agency has also taken action against operators that accepted Australian customers without holding the required licence, including in cases where the operator was licensed in another jurisdiction and argued that its offshore status placed it outside Australian jurisdiction. Australian courts have not definitively resolved all jurisdictional questions in this area, but ACMA has proceeded on the basis that offering services to Australian residents is sufficient to engage Australian law regardless of where the operator is physically located.

State-Level Variation and the Ongoing Reform Agenda

While federal law governs interactive gambling in the broadest sense, state and territory regulators continue to shape the experience of gambling in Australia in ways that federal oversight cannot fully address. Victoria’s introduction of mandatory pre-commitment technology for electronic gaming machines — a policy that was fiercely contested by the club and hotel industries — represented one of the most ambitious harm minimization interventions in the country’s history. The Victorian system, which requires players to set a spending limit before beginning a session on a gaming machine, was phased in over several years and remains a subject of ongoing evaluation by the Victorian Responsible Gambling Foundation.

New South Wales, which has the largest concentration of poker machines outside of casinos anywhere in the world, has pursued a different path, focusing on venue-level harm minimization measures and a cashless gaming trial that began in 2024. The NSW trial, which involves a card-based system that tracks player spending and enables voluntary limit-setting, is being watched closely by regulators in other states as a potential model for broader reform. Critics argue that cashless systems primarily serve to increase the efficiency of revenue collection rather than reduce harm, while proponents contend that the data generated by card-based play enables more targeted interventions for players showing signs of problem gambling.

Queensland and South Australia have taken more conservative approaches to gaming machine reform, focusing on reducing the number of machines in circulation and tightening venue licensing conditions rather than introducing new technology-based controls. Western Australia maintains the most restrictive regime of any Australian state, prohibiting gaming machines in venues other than the state-owned Burswood casino — now operating as Crown Perth — entirely. This has made Western Australia something of a natural experiment in the effects of gaming machine prohibition on overall gambling participation and harm, though the research evidence on this question is more nuanced than either side of the policy debate typically acknowledges.

The ongoing reform agenda at the federal level is being shaped by several converging pressures. The proliferation of wagering advertising, particularly through digital channels and social media platforms, has attracted sustained criticism from public health researchers, sporting bodies, and community organizations. The federal government’s response has included consultations on a potential complete ban on gambling advertising, modeled loosely on the tobacco advertising prohibitions introduced in the 1990s. Whether such a ban would survive constitutional challenge — given that gambling advertising by licensed operators arguably falls within the commercial speech protections implicit in the Australian constitutional framework — is a question that legal scholars have not resolved, and the political feasibility of a complete ban remains uncertain given the financial relationships between wagering operators and the sporting codes they sponsor.

RealMoneyCasinos and similar information platforms play a distinct role in this environment by translating the complexity of the regulatory system into accessible explanations for ordinary players. The gap between what the law says and what players understand about their rights and risks is substantial, and filling that gap with accurate, detailed information — rather than promotional content — serves a legitimate public interest function that neither government agencies nor licensed operators have a strong incentive to perform comprehensively.

Australia’s real money gambling regulation remains a work in progress, shaped by the tension between a deeply embedded gambling culture, a commercial industry with significant political influence, and a growing body of evidence about gambling harm that is difficult for policymakers to ignore. The IGA framework, now more than two decades old, was designed for a technological environment that no longer exists, and the reforms introduced in 2017 and subsequently have been incremental rather than transformative. The question of how to regulate offshore online casinos in a way that provides genuine consumer protection without simply driving activity further underground is one that Australian regulators have not yet answered, and the experience of jurisdictions that have attempted licensing-based approaches — with mixed results — suggests that there are no easy solutions. What is clear is that players who understand the regulatory environment they are operating in are better positioned to make informed decisions about where they gamble, what protections they can rely on, and what recourse they have when things go wrong.

“Even when a parent does submit a request pursuant to FERPA, the statute does not impose a duty on state educational agencies to disclose information, documents, or other materials that do not meet the statutory definition of an ‘education record.’”

That’s what AB 1955 was created to do in the first place: create legal cover for schools keeping secret “unofficial” school records about students. State legislators rushed to pass the bill as lawsuits challenging the state’s secrecy policies were making their way through the courts. Now, Bonta is doubling down on encouraging school districts to keep secret records from parents.

“In California, teachers have been placed in an impossible position: either adhere to the State’s guidance telling them to keep secrets from parents and therefore violate federal law, or comply with FERPA and risk losing their jobs,” said Emily Rae, president of the California Justice Center. “Attorney General Bonta and Superintendent Thurmond are doing everything they can to confuse and intimidate school officials.”

“Bonta and Thurmond are creating an environment where school districts are terrified that if they follow FERPA, the State of California will sue them,” Rae said.

To understand what Bonta is defending — and what school districts are actually doing — federal investigators provided the following examples in their report:

  • The San Francisco Unified School District’s Administrative Regulation 5145.4 lists “keeping a student’s unofficial record separate from the official record” as a “strateg[y]” for keeping “[a] student’s intersex, nonbinary, transgender or gender-nonconforming status” private.
  • Mt. Diablo Unified School District provides children the option of deciding where to store their gender support plans. According to the form, only the cumulative file is accessible to parents.
  • Alameda Unified School District directs its personnel that they “should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents and other school personnel, unless legally required to do so or unless the student has authorized such disclosure.” To that end, the district “maintain[s] a mandatory permanent pupil record (‘official record’) that includes a student’s legal name and legal gender,” but that may differ from “other school records or documents.”
  • Berkeley Unified School District “maintain[s] a mandatory permanent pupil record (‘official record’) that includes a student’s legal name and legal gender.” But it specifically notes in its policy that it “is not required to use a student’s legal name and gender on other school records or documents.”
  • Sacramento City Unified School District emphasizes a “distinction between school records and legal documents” as a tool to protect “privacy for transgender and gender non-conforming students.” According to district policy, “[t]ransgender and gender non-conforming students have the right to have their lived name and/or gender marker and/or gender pronouns reflected on all (non-legal) school physical records and documents.”
  • In trainings provided to educators around the State of California, Ventura County Associate Superintendent and Las Virgenes Unified School District indicated that schools’ “obligation regarding whether and when to change a student’s name and/or gender in their records depends on the type of record it is under state law, not federal law.” For that reason, the trainings “focus[ed] on the categories of records described in state law, not FERPA.”

(U.S. Department of Education report)

The U.S. Department of Education’s offer for California to voluntarily resolve its FERPA violations is straightforward. California education officials must:

  • Issue a notice to all superintendents and administrators informing them that “gender support plans” or other related documentation that is directly related to a student are considered education records under FERPA and are subject to parental inspection upon request
  • Publicize that there is no “unofficial records” exception to FERPA and that violations of FERPA risk loss of federal financial assistance;
  • Providing written assurance to SPPO that CDE will allow Local Education Agencies (LEAs) to enforce FERPA regarding “gender identity” and pro-parental notification approaches in a manner that aligns with the needs of the districts to ensure compliance
  • The CDE must also have the LEAs certify they understand and are in compliance with FERPA, and
  • Add FERPA training content that is approved by SPPO to the California Education Code (EC) Section 218.3(b)(1)’s LGBTQ cultural competency training for teachers and other certificated employees.

In response to Bonta’s lawsuit, the U.S. District Court in San Francisco has granted a temporary restraining order, pausing any federal action to withhold education funding while the case proceeds.

Parents who believe information is being withheld about their child at school are invited to contact CPC’s Parent Union for information on how to submit a FERPA request for your child’s records.

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