The Department of Education finds that California’s gender policy violates federal law
NEWNow you can listen to Fox News articles!
The US Department of Education announced Wednesday that a California policy that allows school districts to keep transgender students from their parents violates federal law.
Education Secretary Linda McMahon said a federal investigation found that California education officials “grossly abused” their authority by pressuring school districts to withhold information about students’ gender transition from their parents.
“Under Gavin Newsom’s failed leadership, school staff have even bragged about promoting ‘gender change,’ and shared strategies to target young children and hide children’s information from their families,” he said in a statement. “While the Biden administration ignores this deprivation of parental rights and authorizes irreparable harm to children in the name of radical transgender ideology, the Trump Administration will fight relentlessly to end it.”
“Children don’t belong to the State—they belong to families. We will use all available means to hold California accountable for these practices and restore parental rights,” the secretary added.
CATHOLIC GROUP ASKS SCOTUS TO DEFEND CALIFORNIA’S LAW TO DISCLOSE STUDENTS’ DUALITY TO PARENTS.
The US Department of Education said a California policy that allows school districts to keep students’ gender transition from their parents violates federal law. (Getty Images)
The spokeswoman for the California Department of Education, Liz Sanders, in a statement sent by Politico, said the department was reviewing the letter sent by McMahon but “we believe we have discussed the substance of the letter in previous communications.”
State education officials told school districts in October that state policy “does not mandate non-disclosure.”
The findings of the federal investigation could jeopardize nearly $8 billion in federal education funding each year if federal officials do not work with the Trump administration to resolve violations.
In order to solve the violation of the law, the federal government said that California can take several steps, including issuing a notice to all superintendents and administrators that “plans of sexual support” or other documents directly related to the student are considered educational records and subject to parental inspection if requested and inform superintendents and administrators that state laws should not be interpreted as derogatory or in conflict with federal law.
School districts will have to ensure they comply with the Family Educational Rights and Privacy Act, a federal law that gives parents the right to inspect their children’s records, while the state must add federally mandated content to its LGBTQ+ cultural competency training.
State policy, AB 1955, signed by Gov. Gavin Newsom signed into law in 2024, banning parental notification of the gender identity of transgender or bisexual students without the student’s consent.
Education Secretary Linda McMahon said a federal investigation found California officials “grossly abused” their authority by pressuring school districts to withhold students’ gender transitions from their parents. (Anna Moneymaker/Getty Images)
Last spring, the federal government opened an investigation into the state’s Department of Education, saying state officials were helping “change children in school while hiding the children’s ‘gender’ from parents.”
The federal agency also said the state violated the Family Educational Rights and Privacy Act.
“AB 1955 does not prevent LEA staff from sharing any information with parents,” state officials wrote to school districts in October, according to Politico. “Based on the plain language of both statutes, there is no conflict between AB 1955 and FERPA, both of which allow parents access to their students’ education records upon request.”
Newsom’s office said last year that “parents continue to have full, guaranteed access to their students’ education records as required by federal law,” according to Politico.
The Golden State’s policies are also facing scrutiny in the courts.
TRUMP ADMIN RECOMMENDS SJSU WAIVES TITLE IX FOR DETENTION OF TRANS VOLLEYBALL PLAYER BLAIRE FLEMING
The national policy, which was signed into law by Gov. Gavin Newsom in 2024, banned parental notification of gender identity or gender preference for transgender and gay students. (AP Photo/Rich Pedroncelli, File)
CLICK HERE TO DOWNLOAD THE FOX NEWS PROGRAM
A judge ruled last month that schools cannot prevent teachers from sharing information about a student’s gender with their parents, but an appeals court blocked the decision earlier this month. A group of California parents who brought the lawsuit are asking the US Supreme Court to reverse the previous ruling.
The Trump administration is pursuing legal action against California and is threatening to withhold funding for a policy that allows gay men to compete in girls’ sports.
