The Trump administration has launched an investigation into the California Department of Education over allegations that the state is violating federal law by barring school staff from disclosing a student's gender identity to their parents. The probe, announced Thursday by the U.S. Department of Education, focuses on Assembly Bill 1955, a law enacted in January that prevents schools from requiring staff to report a student's sexual orientation or gender identity without the student's consent.
Education Secretary Linda McMahon said the law may violate the Family Educational Rights and Privacy Act (FERPA), a federal statute that guarantees parents access to their children's educational records. "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 stated.
The law, also known as the SAFETY Act, prohibits California school districts, charter schools, and other publicly funded institutions from adopting policies that compel staff to inform parents of a student's gender identity. It does not, however, prevent parents from accessing official school records via FERPA or California's public records laws.
Governor Gavin Newsom's spokesperson Elana Ross responded to the federal inquiry, saying, "Parents continue to have full, guaranteed access to their student's education records, as required by federal law." Ross added, "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."
The federal government's investigation includes a broader warning to the state over its status as a "sanctuary" for transgender youth and its refusal to enforce federal policies on sex-based separation in sports and other school activities. McMahon sent a letter to Newsom Thursday, stating, "Allowing participation in sex-separated activities based on 'gender identity' places schools at risk of Title IX violations and loss of federal funding."
The administration's response follows growing conservative criticism of California's gender policies. Earlier this year, President Donald Trump issued an executive order prohibiting transgender athletes from participating in women's sports. "This is demeaning, unfair, and dangerous to women and girls," the order read.
Controversy surrounding AB 1955 intensified after the state sued the Chino Valley Unified School District in August for implementing a policy mandating parental notification when students change their gender identity or pronouns. At the time, Newsom's administration said the district's rule amounted to a forced outing of students.
Democratic Assemblymember Chris Ward, who authored the bill, defended it as a measure to protect LGBTQ+ students from discrimination. "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," Ward said last year.
California law currently prohibits minors from legally changing their name or gender marker without parental consent. Nonetheless, federal officials have linked the state's gender identity protections to what they describe as "a growing culture of secrecy" in public schools.
McMahon also referenced broader federal efforts to reshape the education landscape. On March 20, Trump signed an executive order initiating the dismantling of the Department of Education. "We're going to eliminate it, and everybody knows it's right," he said.
