LIVE AT 10 P.M. THE U.S. DEPARTMENT OF EDUCATION SAYS CALIFORNIA VIOLATED THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. THANK YOU FOR JOINING US AT TEN. I’M CECIL HANNIBAL. THE SO-CALLED ACT IS A FEDERAL LAW ALLOWING PARENTS TO ACCESS THEIR CHILD’S EDUCATION RECORDS. THE DEPARTMENT’S STUDENT PRIVACY POLICY OFFICE SAYS THE STATE VIOLATED THE ACT WHEN IT PASSED AB 1955. THE LAW BANS SCHOOL POLICIES THAT FORCE STAFF TO TELL PARENTS IF THEIR CHILD IDENTIFIES BY A DIFFERENT GENDER. THE OFFICE SAYS THE LAW ILLEGALLY FORCES DISTRICTS TO WITHHOLD INFORMATION FROM PARENTS. NOW, THE OFFICE SAYS CALIFORNIA CAN RESOLVE ITS VIOLATIONS BY COMPLYING TO THESE ORDERS. NUMBER ONE, NOTIFY ALL SUPERINTENDENTS THAT GENDER SUPPORT PLANS OR OTHER DOCUMENTATION RELATED TO A STUDENT ARE CONSIDERED EDUCATIONAL RECORDS. NUMBER TWO, PUBLICIZE THAT THERE IS NO UNOFFICIAL RECORDS EXEMPTIONS TO FERPA AND RELATIONS CAN END IN A LOSS OF FEDERAL MONEY. NUMBER THREE, THEY SAY THE STATE IN WRITING THAT THE STATE WILL ALLOW LAW ENFORCEMENT TO ENFORCE FERPA REGARDING GENDER IDENTITY. THE STATE MUST ALSO ADD FURTHER TRAINING FOR TEACHERS AND OTHER CERTIFIED EMPLOYEES. WE REACHED OUT TO THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, TONY THURMOND. WE HAVE NOT HEARD BACK YET, BUT HIS OFFICE DID ADDRESS THESE CONCERNS BACK IN APRIL, WHEN THE ADMINISTRATION INITIALLY OPENED THE INVESTIGATION INTO AB 1955. THE LETTER STATED THAT THE LAW DOES NOT PROHIBIT SHARING INFORMATIO
California law that bans policies requiring parental notification on gender identity violates federal law, Department of Education says
Updated: 8:15 AM PST Feb 1, 2026
The U.S. Department of Education on Saturday accused California of violating the Family Educational Rights and Privacy Act (FERPA) with the passage of AB 1955, which bans school policies requiring staff to inform parents if their child identifies by a different gender. The Department’s Student Privacy Policy Office stated that the law illegally forces districts to withhold information from parents.The office outlined steps for California to resolve its violations, including notifying all superintendents that “gender support plans” or other documentation related to a student are considered education records. Additionally, the state must publicize that there is no “unofficial records” exception to FERPA, and violations can result in a loss of federal funding. The state is also required to state in writing that it will allow law enforcement to enforce FERPA regarding “gender identity” and add FERPA training for teachers and other certificated employees.The state superintendent of public instruction, Tony Thurmond, has not responded to inquiries. However, his office addressed these concerns in April when the administration initially opened the investigation into AB 1955. The letter stated that the law does not prohibit sharing information with parents, but only prohibits policies that require parental notification.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
The U.S. Department of Education on Saturday accused California of violating the Family Educational Rights and Privacy Act (FERPA) with the passage of AB 1955, which bans school policies requiring staff to inform parents if their child identifies by a different gender.
The Department’s Student Privacy Policy Office stated that the law illegally forces districts to withhold information from parents.
The office outlined steps for California to resolve its violations, including notifying all superintendents that “gender support plans” or other documentation related to a student are considered education records. Additionally, the state must publicize that there is no “unofficial records” exception to FERPA, and violations can result in a loss of federal funding.
The state is also required to state in writing that it will allow law enforcement to enforce FERPA regarding “gender identity” and add FERPA training for teachers and other certificated employees.
The state superintendent of public instruction, Tony Thurmond, has not responded to inquiries.
However, his office addressed these concerns in April when the administration initially opened the investigation into AB 1955. The letter stated that the law does not prohibit sharing information with parents, but only prohibits policies that require parental notification.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel