Trump administration investigating CA over ban against outing trans students
The federal government announced Thursday that it is investigating the California Department of Education because of a ban on forcing educators to out transgender students to their parents that Gov. Gavin Newsom signed into law last year, potentially jeopardizing billions of dollars in federal funding.
The U.S. Department of Education’s Student Privacy Policy Office will determine whether the state “abdicated its responsibilities” under the federal Family Educational Rights Privacy Act by allowing local school districts to “socially transition children at school while hiding minors’ gender identity from parents,” Secretary of Education Linda McMahon said.
FERPA grants parents and students over 18 the right to access their education records and protects against disclosing that information to third parties without the parents’ consent. The DOE can withhold federal funding if they determine an agency has violated FERPA. California K-12 schools received $8 billion from the federal government in the most recent budget year, according to the Legislative Analyst’s Office.
“It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s well-being from parents and guardians,” McMahon said in a statement. “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.”
Since taking office in January, President Donald Trump has issued a raft of executive orders taking aim at the transgender community, including one that targeted schools with anti-discrimination policies that support LGBTQ youth, which he said upheld “discriminatory equity ideology” and promoted “radical indoctrination.”
The California law that went into effect Jan. 1 prevents school boards from passing resolutions that force staff to disclose to families if their children use different names, use different pronouns, or use a different gender-designated bathroom at school than they do at home. Advocates said the bill protects students who are not supported at home from suffering potential abuse or other consequences.
The parental rights movement that is often behind such bills reached a fever pitch during the pandemic, with advocates from groups like Moms For Liberty lobbying for legislative efforts to roll back pandemic mitigation policies and curb against “leftist indoctrination” in schools.
Newsom’s office and the California Department of Education said there was “no conflict” with FERPA, and that the state law did not prevent teachers from disclosing information about students to their parents; the law only states that teachers can’t be forced to do so.
“Parents continue to have full, guaranteed access to their student’s education records, as required by federal law,” Newsom spokesperson Elana Ross said in an email. “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.”
“Our students must be safe in order to learn. I have heard from so many students and families whose safety has been impacted by forced outing policies,” state Superintendent Tony Thurmond said in a statement. “To our LGBTQ+ youth and families, I want to make sure that you hear us as loudly as we hear you: You are heard, you are protected, and you are loved.”
Tony Hoang, the executive director of Equality California, which helped draft the state law, called the investigation a waste of resources and politically motivated.
“Now, the Trump Administration is threatening to withhold critical federal education funding — including over $2 billion annually meant to help students from low-income families and $1.3 billion for students with disabilities — just to punish California for upholding the rights and dignity of LGBTQ+ youth,” Hoang said in a statement.
“We will continue to stand with LGBTQ+ youth, their families, and their teachers — and we won’t back down.”
This story was originally published March 27, 2025 at 9:42 AM with the headline "Trump administration investigating CA over ban against outing trans students."
