U.S. Dept. of Education investigates California over FERPA violations tied to AB 1955
The U.S. Department of Education announced Thursday that it will investigate California for violating the authority of parents over their children who attend public schools, specifically on matters of gender identity.
According to the Los Angeles Times, the investigation was initiated in response to a January 31 complaint filed by the California Justice Center. In that complaint, California Policy Center’s attorney Julie Hamill, president of California Justice Center, cited Assembly Bill 1955 as evidence that the state is violating the federal Family Educational Rights and Privacy Act, or FERPA.
FERPA is a federal law that guarantees the right of parents to access their children’s education records, to request record corrections or amendments, and to control, with important exceptions, disclosure of personally identifiable information in education records.
In the press release announcing its investigation, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) said it “has reason to believe that numerous local educational agencies (LEAs) in California may be violating FERPA to socially transition children at school while hiding minors’ ‘gender identity’ from parents.”
AB 1955, which was signed into law by Gov. Gavin Newsom last year, “appears to conflict with FERPA by prohibiting schools from requiring personnel to disclose a child’s ‘gender identity’ to that child’s parent,” the announcement said.
The department’s press release goes on to quote Hamill’s complaint:
“As result, according to the California Justice Center, ‘every public school in California has a policy of denying, or effectively preventing, the parents of students…the right to inspect and review the education records of their children.'”
Secretary of Education Linda McMahon had tough words for California officials.
“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,” McMahon said. “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.”
Earlier today, the U.S. Department of Education doubled down. The SPPO issued a notice directing schools receiving federal funding to comply with FERPA and the Protection of Pupil Rights Amendment (PPRA).
“Compliance with these laws means that schools must allow parents to review all education records of their student, including any document related to a student’s ‘gender identity,'” the office said in a press release.
Hamill cheered the news of federal intervention.
“The fundamental right of parents to direct the care and upbringing of their children is protected in the United States Constitution, and the government has no right to interfere and conceal critical information about a child from that child’s parents,” said Hamill.
“Young, confused children are indoctrinated with gender ideology at school, taught that parents who question this radical ideology are ‘unsafe,’ and guided through a ‘gender transition’ by adults at school with confidential documents and accommodations that are concealed from parents. Through these practices, the government drives a wedge between children and their parents, inflicting psychological and physical trauma, in violation of federal laws. I am so relieved to see the federal government intervene,” Hamill said.
“No American should have to make a federal case out of something as obvious as parents’ authority over their own children,” said Will Swaim, president of California Policy Center. “But our state officials — who require parents to sign off on movie screenings at school, sports participation and field trips — tried to circumvent California and federal law in order to exclude this one area from parental disclosure. State officials left us with no choice but to plead for federal intervention. We’re grateful that the Trump administration has stepped in quickly to stop the madness.”