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The Trump administration began an investigation into the California Department of Education on Thursday, opening an investigation over a law that says that districts cannot notify teachers and staff members of their parents if students change gender identity at schools.
The U.S. Department of Education said the policy could violate the Family Education Rights and Privacy Act, a law that allows parents to access their children’s records.
“Not only is it immoral, it can also contradict federal laws in California schools, allowing you to hide important information about student well-being from parents and parents,” Education Secretary Linda McMahon said in a statement.
The Democratic government’s office of Gavin Newsom defended the law, saying parents still have the right to access their children’s education records.
“If the U.S. Department of Education still had staff, this would be a simple investigation. It’s all we need to read the laws the governor signed,” Newsom spokesman Elana Ross said in a statement, referring to plans to demolish Trump’s agency.
Now, the Department of Education says it can take away funds if it determines that California School Identity Act violates federal rules.
What does the law do?
The district will prohibit adoption or enforcement of rules that require staff to disclose information about a student’s sexual orientation, gender identity, or gender expression to others without the consent of the child, unless otherwise required by the law. This means that if students want to use different pronouns, the school cannot force teachers to tell their students’ parents. It does not prohibit teachers or school staff from choosing to share that information with parents.
Newsom signed the law last year, making California the first state to implement such a policy. It came into effect on January 1st.
The law also requires the state education department to develop resources to support LGBTQ+ students and their families.
Why did it pass?
The national battle for transgender rights is underway, with some states banning gender-affirming care, banning trans athletes from girls and women’s sports, and asking schools to share the gender identity of parents and students without the consent of students.
Republican Congressman Bill Essay introduced a bill in 2023 that required school employees to notify their parents within three days of noticing changes in child pronouns.
As lawmakers in the Democratic-controlled assembly blocked the bill from being heard, the school committee began to take up the issue and make their own notifications of what is called parental notice policy. The state launched a legal battle with Chino Valley Unified School District, one of the first districts to enact such rules, claiming that the policy would violate student rights and put the well-being of transgender children at risk.
The district later updated its rules to remove gender identification references and widely asked staff to notify parents of requests for changes to their records.
Democrat Chris Ward, chairman of the legislative LGBTQ+ Caucus, introduced the bill in large part in response to school district policies. I handed the party line.
What do supporters say?
The goal is to protect students’ privacy, with some of them living in households that do not accept them and are not prepared to tell their parents, supporters say. They argue that teachers would not need to participate in family discussions about student gender identity.
“Requiring government school officials to expose them without their consent is in violation of the US Constitution,” he said in a statement, calling such policies “immoral and invasive.”
David Goldberg, president of the California Teachers Association, said the law helps ensure students have a safe and supportive learning environment.
What do you say about your opponent?
Law critics say parents should be able to know if children change gender identification at school. Chino Valley Unification sued the state over policy, claiming it violated parents’ rights under the US Constitution.
“We’re a member of the Roseville School District board of directors,” said Jonathan Zakress.
The Trump administration said children are at risk of falling victim to “radical transgender ideology” and medical intervention.
Are other California policies at risk?
Trump set a tone about his administration’s stance on issues affecting transgender and non-binary people during his first few days of office. He has signed an executive order to limit gender-maintaining care for minors and trans athletes to participate in women’s sports.
Newsom is in the spotlight on his position on trans rights after saying on a podcast that it’s unfair to participate in women’s sports for transgender athletes. California has state laws, signed in 2013 by the then GOV. Jerry Brown will allow her to participate in sports teams of gender that match her gender identity, regardless of the gender listed on the student’s records. The Republican bill is trying to reverse that. Newsom has not taken any position.
The Trump administration also sent a letter Thursday to the state requesting that the state submit curriculum and materials from a sexual health education program that receives federal funds. The U.S. Department of Health and Human Services will consider whether the materials are “medically accurate” and “age-appropriate,” the letter said.
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