U.S. Education Department Demands Clarity from California and Washington on Transgender Student Record Policies
(California = Aaron Schneider) The U.S. Department of Education’s Student Privacy Policy Office (SPPO) has ordered California and Washington state education authorities to immediately submit detailed plans revising their policies on transgender student records, following recent court rulings that strengthen parental rights.
On July 30, 2026, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) demanded that the California Department of Education (CDE) and the Washington Office of Superintendent of Public Instruction (OSPI) provide immediate updates on how they plan to revise policies regarding the disclosure of transgender-related student records to parents. This directive follows landmark rulings by the U.S. Supreme Court and the Ninth Circuit Court of Appeals that reaffirm parents’ constitutional rights to access their children’s educational information.
Both California and Washington have maintained policies pressuring schools and educators to withhold information about students’ gender transitions from parents. These policies have even led to litigation against school districts within the states. Such practices triggered the Department’s first-ever statewide investigations under the Family Educational Rights and Privacy Act (FERPA), a federal law that guarantees parents the right to access and control their children’s education records.
In March 2026, the Supreme Court ruled in Mirabelli v. Olson that parents—not the state—hold primary authority over their children’s upbringing and education. The Court specifically criticized California’s policies that require educators to conceal students’ gender transition information from parents, deeming these policies likely unconstitutional.
Building on this, the Ninth Circuit Court of Appeals ruled in June 2026 in City of Huntington Beach v. Newsom that California laws barring schools from notifying parents about their child’s gender dysphoria and restricting disclosure of gender identity records without student consent likely violate constitutional rights.
SPPO’s request for detailed policy revisions from CDE and OSPI will inform the Department’s next steps, including ongoing investigations into OSPI and follow-up actions related to earlier findings of FERPA violations by CDE. Frank Miller, SPPO Director, emphasized, “Schools must end the practice of concealing vitally important information about students from parents who love them. We are providing California and Washington the opportunity to explain how they will revise their policies to comply with federal law.”
This move is part of a broader Department of Education initiative coinciding with National Parents’ Day on July 26, 2026, aimed at reinforcing parental rights nationwide. The Department has expanded enforcement actions against school districts that secretly facilitate student gender transitions without parental knowledge and is conducting additional investigations in Washington, Colorado, and Minnesota to ensure parents’ rights are protected.
FERPA violations can lead to the loss of federal funding for educational institutions. In March 2025, SPPO designated the practice of hiding students’ gender identity information from parents as a priority concern and reminded state education leaders of their legal obligations. Secretary McMahon underscored the importance of parental authority, stating, “By natural right and moral authority, parents are the primary protectors of their children.”
The Department’s latest demands highlight the federal government’s commitment to balancing student privacy with parental involvement in education. The coming months will reveal how California and Washington adjust their policies in response.
