In Sacramento, California, on Thursday, the Trump administration announced an investigation into the California Department of Education regarding a state law that forbids school districts from compelling teachers and staff to inform parents if a student decides to change their gender identity at school.
The U.S. Department of Education has raised concerns that this policy might be in conflict with the Family Educational Rights and Privacy Act, which grants parents the right to access their children’s educational records. Education Secretary Linda McMahon stated that concealing crucial information about a student’s well-being from parents and guardians might not only be immoral but could also contradict federal law.
However, the office of Democratic Governor Gavin Newsom defended the law by highlighting that parents still have access to their child’s educational records. A spokesperson for Newsom, Elana Ross, suggested that the investigation would be straightforward if the U.S. Department of Education simply reviewed the law signed by the Governor.
The Education Department has indicated that if they find California’s gender-identity law to be in violation of federal rules, they might withdraw funding. The law prohibits school districts from implementing rules that force staff to disclose a student’s sexual orientation, gender identity, or expression without their consent unless legally required. Consequently, a student altering pronouns does not require school officials to inform parents, although they may choose to do so.
Having been signed into law by Newsom last year, the policy took effect on January 1st, making California the pioneering state to endorse such measures. Additionally, the law mandates the state education department to provide resources that support LGBTQ+ students and their families.
This law emerged amidst a broader national debate concerning transgender rights, wherein certain states have enforced bans on gender-affirming care, excluded transgender athletes from certain sports categories, and mandated that schools disclose students’ gender identities to parents without consent. In California, Republican Assemblymember Bill Essayli proposed a 2023 bill aimed at mandating school notifications to parents about their child’s pronoun change within three days. However, the Democratic-majority Legislature prevented the bill from advancing, leading several school boards to establish their own notification policies.
The state subsequently engaged in legal action against the Chino Valley Unified School District—one of the primary districts to introduce such a policy—arguing it infringed on student rights and endangered transgender children’s welfare. Following this, the district revised its rule, omitting specific references to gender identity, and instead required that school staff notify parents of any change requests in student records.
Democratic Assemblymember Chris Ward proposed legislation in response to policies like these seen in school districts, and the bill was passed along party lines.
Proponents assert that the objective is to safeguard the privacy of students, many of whom might be in environments unsupportive of discussing gender identity with family. Without legal mandates, teachers should not undergo pressure to mediate such familial dialogues. Ward remarked that government mandates forcing disclosures without consent contravene constitutional rights and described such policies as invasively immoral. Supporting this sentiment, David Goldberg, president of the California Teachers Association, highlighted the law’s role in fostering a supportive educational environment.
Contrarily, critics maintain that parents deserve to be informed of any changes in their child’s school-acknowledged gender identity. The Chino Valley Unified District filed a lawsuit against the state, positing that withholding such information violates the constitutional rights of parents.
Jonathan Zachreson, a board member of Roseville City School District, expressed a desire for definitive assurance to districts discouraging secretive policies. From a broader perspective, the Trump administration characterized the risk of children being influenced by “radical transgender ideology” and controversial medical interventions as a contributing factor to their stance.
The start of Trump’s current tenure marked his administration’s assertive stance on policies affecting transgender and nonbinary individuals. Notably, he issued executive orders to limit minors’ access to gender-affirming care and restrict transgender sports participation. Meanwhile, Newsom’s alignments on these matters have also been scrutinized, especially his commentary about transgender athletes in girls’ sports appearing unfavorable.
California has a legislation enacted by former Governor Jerry Brown in 2013 allowing student-athletes to partake in teams corresponding to their gender identity, irrespective of official records. However, this law faces opposition, with a Republican effort to reverse it still waiting for Newsom to clarify his position.
Furthermore, on Thursday, the Trump administration requested California submit materials from a federally funded sexual health education program for review by the U.S. Department of Health and Human Services, seeking to assess their medical accuracy and age appropriateness.