The Student Privacy Policy Office (SPPO) is urging California and Washington to overhaul policies that encourage schools to conceal students' gender transitions from their parents. This demand follows federal investigations into potential violations of the Family Education Rights and Privacy Act (FERPA).
How the CDE's FERPA Violation Puts Federal Funding at Risk
The Student Privacy Policy Office (SPPO) has explicitly linked the future of federal funding to the willingness of state agencies to comply with federal law. According to the report, the SPPO already found the California Department of Education (CDE) in violation of the Family Education Rights and Privacy Act (FERPA) earlier this year.
FERPA is a federal privacy law that ensures parents can access their children's education records and control the disclosure of personally identifiable information. The Department of Education has clarified that any policy requiring educators to hide gender transition records from parents is a direct violation of this law, which could lead to the termination of federal financial support for the offending institutions.
Frank Miller, the Director of the SPPO, emphasized that schools must be transparent with families. Miller stated that the SPPO is determined to hold educational institutions accountable to ensure that parental rights are protected across all school districts.
The Ninth Circuit's June Ruling in the City of Huntington Beach Case
The legal pressure on California and Washington is bolstered by recent judicial decisions. As reported, the U.S. court of Appeals for the Ninth Circuit ruled in June in favor of the City of Huntington Beach, concluding that California's policies regarding the concealment of student transitions likely violate constitutional rights.
This appellate decision relied heavily on a landmark Supreme Court ruling that reaffirms the primary authority of parents over the upbringing and education of their children. The High Court noted that state-level mandates forcing educators to keep secrets from parents regarding gender transitions are likely unconstitutional.
These rulings create a precarious legal environment for the California Department of Education (CDE) and the Washington Office of Superintendent of Public Instruction (OSPI), as both entities have previously sued their own school districts to enforce these secrecy policies.
Secretary Linda McMahon's Push for Parental Authority
The current federal crackdown is part of a broader strategic shift under the Trump Administration to prioritize parental rights in education. Secretary of Education Linda McMahon told Breitbart News that there has been an "alarming surge" of schools secretly transitioning students without the knowledge or consent of their parents.
McMahon argued that children belong to their parents rather than the government, framing the administration's efforts as the most "pro-parent" in history. This perspective aligns with a wider national trend where federal authorities are challenging state-led initiatives that limit parental oversight of health and identity changes in schools.
By targeting the California Department of Education (CDE) and the Washington Office of Superintendent of Public Instruction (OSPI), the administration is signaling that it will use the Student Privacy Policy Office (SPPO) as a primary tool for enforcement.
Whether the CDE and OSPI Will Formally Reverse Their Guidance
Despite the demands from the Student Privacy Policy Office (SPPO), it remains unclear how the California Department of Education (CDE) and the Washington Office of Superintendent of Public Instruction (OSPI) will respond. The source does not provide a direct statement or a timeline for revisions from either state agency.
A critical unknown is whether these states will attempt to challenge the SPPO's interpretation of FERPA in court or if they will modify their guidance to avoid the loss of federal funding. additionally,the report does not specify the exact number of school districts currently under investigation for these practices.
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