Feds Say California ‘Aggressively’ Forcing Gender Secrecy Policy On Schools In Violation of Federal Law

The Department of Education (ED) announced Wednesday that it found the California Department of Education (CDE) in violation of federal law due to its aggressive enforcement of gender secrecy policies in schools.

A senior department official told the Daily Caller News Foundation that the CDE has “aggressively” pursued legal action against schools across the state that refuse to comply with state law requiring school staff to hide a child’s gender identity from parents. The state has two weeks to respond to ED’s request to comply with the federal student privacy and parental rights law, the Family Educational Rights and Privacy Act (FERPA).

“For years, CDE policies and practices have created state-directed pressure for schools to violate FERPA by concealing student records about a child’s so-called gender transition from parents,” the official said. “During our investigation, we discovered a systemic problem in schools that maintain secret records such as gender support plans and other similar records, and pretend that they are not part of a student’s cumulative record, which is available to parents under FERPA.”

California Governor Gavin Newsom speaks during a press conference to launch the Yes on 50 campaign at the California Democratic Party headquarters on August 21, 2025 in Sacramento, California. (Photo by Justin Sullivan/Getty Images)

The official did not specify what enforcement actions the department is prepared to take if the state continues to fail to comply.

California state law prohibits school officials from sharing information about a child’s gender identity without their consent. Federal officials pointed out that the state has even “aggressively targeted and even sued districts that follow FERPA and refuse to hide students’ gender identities from their parents.” (RELATED: California Department of Education Worked With 19 LGBTQ Organizations to Integrate Gender Curriculum into Mandatory Training, Advocates Say)

“State laws and CDE policies do not supersede federal law,” a senior department official told DCNF. “FERPA requires schools to provide access to all school records upon a parent’s request. Schools cannot choose which records they want to provide to parents and which they do not.”

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