President Donald Trump’s Department of Education (DoE) on Thursday launched an investigation into the California Department of Education (CDE) for allegedly allowing schools to socially transition minors and hide minors’ “gender identity” from parents in violation of federal law.
The DoE’s Student Privacy Policy Office (SPPO) is specifically looking at whether the CDE is violating the Family Education Rights Privacy Act (FERPA), which gives parents the right to access their children’s education data. The DoE said the CDE is accused of abandoning FERPA because of a state law that prohibits school staff from disclosing a students’ “gender identity” to the child’s parents.
“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,” Education Secretary Linda McMahon said in a statement.
The SSPO 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.”
The DoE added that given the number of LEA’s that “appear to be involved” the SPPO is worried that the CDE has played a role, “either directly or indirectly in the widespread adoption of these practices, which appear to be required by the recently enacted California Assembly Bill 1955.”
California Gov. Gavin Newsom (D) signed Assembly Bill 1955 in July of 2024, and it went into effect on January 1, 2025. The bill, euphemistically called the Support Academic Futures and Educators for Today’s Youth Act, and the summary reads:
This bill would prohibit school districts, county offices of education, charter schools, and the state special schools, and a member of the governing board or body of those educational entities, from enacting or enforcing any policy, rule, or administrative regulation that requires an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by law, as provided. The bill would prohibit employees or contractors of those educational entities from being required to make such a disclosure unless otherwise required by law, as provided. The bill would prohibit employees or contractors of school districts, county offices of education, charter schools, or the state special schools, or members of the governing boards or bodies of those educational entities, from retaliating or taking adverse action against an employee on the basis that the employee supported a pupil in the exercise of specified rights, work activities, or providing certain instruction, as provided.
When asked directly by Breitbart News in 2023 why parents should not have the right to know about their children’s gender transitions, Newsom dismissed the idea — first claiming that it was not an issue worth discussing, then claiming transgender “kids’” lives were in danger: “The kids just want to live.” He did not explain how or when a child determines his or her sexuality or gender identity.
The DoE said that state laws do not override federal laws and noted that education entities receiving federal funding are subject to FERPA. The department said a violation of FERPA can result in the termination of federal funding.
“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,” McMahon added. “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.”
An advocacy group called Parents Defending Education (PDE) notably found in 2023 that more than 1,000 school districts across the United States have policies openly stating that district personnel can or should keep students’ transgender status hidden from their parents. That figure includes 18,335 schools and 10,712,558 students.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
