The U.S. Department of Education (ED) announced Thursday that it will investigate the California Department of Education (CDE) for allegedly violating federal law by allowing schools to conceal students’ “gender identities” from parents, according to press release.
California’s Support Academic Futures and Educators for Today’s Youth (SAFETY) Act bans educational entities from creating policies that would require school employees or contractors to share a student’s gender identity or sexual orientation with another person without the student’s consent unless the law requires disclosure. Democratic Gov. Gavin Newsom signed it into law in July and it went into effect on Jan. 1. (RELATED: Gov. Newsom Signs Bill Barring Schools From Having To Notify Parents Of Pronoun Changes)
The ED’s Student Privacy Policy Office (SPPO) said the CDE may have violated the Family Educational Rights Privacy Act (FERPA), a federal privacy law allowing parents access to their children’s educational data, according to the press release. The department alleged that local educational agencies (LEAs) in California may have violated FERPA “to socially transition children at school while hiding minors’ ‘gender identity’ from parents.”
“Given the number of LEAs that appear to be involved, SPPO is is concerned that CDE played a role, either directly or indirectly, in the widespread adoption of these practices, which appear to be required by the recently enacted [law],” the press release read.
The department said California’s state law does not supersede federal law and any violation of FERPA could cause the CDE and other entities to lose federal funding.
“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.
ED is investigating the California Department of Education for allegedly violating the Family Educational Rights Privacy Act (FERPA) after a California law prohibited school personnel from disclosing a child’s “gender identity” to that child’s parent. https://t.co/rkg2BwC3z7 pic.twitter.com/uQWzMualZZ
— U.S. Department of Education (@usedgov) March 27, 2025
“It is not only immoral but potentially in contradiction with federal law for California schools to hide crucial information about a student’s wellbeing from parents and guardians,” McMahon continued.
“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,” Democratic California State Assemblyman Chris Ward, who first introduced the legislation, said in a July statement, according to USA Today.
