Exclusive: Department of Education Demands California, Washington Disclose Plans to Revise Gender Secrecy Policies

The Department of Education on Thursday told Breitbart News its Student Privacy Policy Office (SPPO) is demanding updated information from California and Washington about state policies pressuring schools to hide students’ “gender transitions” from parents.

The SPPO specifically asked the California Department of Education (CDE) and the Washington Office of Superintendent of Public Instruction (OSPI) for clarity about how they intend to move forward after both the Supreme Court and a federal appeals court ruled against California’s gender secrecy policies earlier this year and sided with parents. The Department of Education noted that both states maintain policies and guidance, and have even sued their own school districts, to “pressure schools and educators to hide student records from parents” — actions the Department of Education said triggered its first Family Education Rights and Privacy Act (FERPA) investigations last year.

“We have seen an alarming surge of educational institutions circumventing parents’ authority over their own children. Reports of schools secretly “transitioning” students without parental knowledge or consent and ignoring parents’ right to opt their child out of inappropriate, explicit materials are shocking, disturbing, and likely illegal,” Secretary of Education Linda McMahon told Breitbart News. 

“Children do not belong to the government – they belong to parents. The Trump Administration is working harder than ever to defend parents’ authority as the primary decision-makers in their children’s lives, proving once again that this is the most pro-parent administration in history,” she continued. 

In March, the Supreme Court ruled against California’s policy and held that “under long-established precedent, parents – not the State – have primary authority with respect to the upbringing and education of children.” The High Court also remarked that the state’s policies requiring educators to hide information about students’ “gender transitions” likely violate parents’ constitutional rights.

Then, in June, the U.S. Court of Appeals for the Ninth Circuit relied on the Supreme Court’s ruling when it sided with the City of Huntington Beach against the state. The federal appeals court ruled that the policies likely violate parents’ constitutional rights.

SPPO said it is requesting CDE and OSPI immediately detail their plans to revise their policies in light of the legal rulings. SPPO said the agencies’ response will help the department decided what next steps to take in its investigation into OSPI and after the department found CDE in violation of FERPA earlier this year.

“Schools must end the practice of concealing vitally important information about students from parents who love them,” said Frank Miller, Director of the Student Privacy Policy Office. “We are providing California and Washington the opportunity to explain to the Department and the families they serve how they are revising their policies to come into compliance with federal law. SPPO is determined to hold educational institutions accountable and ensure the protection of parental rights.”

In the lead up to Thursday’s announcement, the Department of Education also announced investigations this week in Washington, Colorado, and Minnesota related to parental rights concerns.

FERPA is a federal privacy law that gives parents the right to access their children’s education records, the right to request record corrections or amendments, and the right to control (with some important exceptions) the disclosure of personally identifiable information in education records.

The Department of Education said policies that require educators to hide health information and so-called “gender transition” records from parents are a violation of FERPA. The department said violations of FERPA may result in the termination of an educational institution’s federal funding.