California's AB 1955 Under Federal Scrutiny for Alleged FERPA Violations

Laura Powell, during a recent congressional hearing, publicly criticized the state of California for its policies that prevent schools from disclosing a child's gender identity to parents, asserting these policies violate federal law. This statement comes amidst ongoing legal and political battles concerning parental rights and student privacy in schools across the state, drawing national attention to the contentious issue.

California Governor Gavin Newsom signed Assembly Bill 1955, known as the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act, into law in July 2024. This legislation prohibits local educational agencies from requiring employees to disclose a student’s sexual orientation, gender identity, or gender expression to any person, including parents, without the student’s consent, unless legally mandated. Proponents argue the law protects vulnerable LGBTQ+ students from potential harm or rejection at home.

In response to such state policies, the U.S. Department of Education, under the Trump administration, announced a federal investigation into the California Department of Education in March 2025. The investigation alleges that schools implementing AB 1955 may be violating the Family Educational Rights and Privacy Act (FERPA) by "socially transitioning children at school while hiding minors’ ‘gender identity’ from parents." If found in violation, California could face the loss of federal funding.

Critics like Powell contend that these policies intentionally obfuscate critical information from parents, infringing upon their constitutional right to direct the upbringing and welfare of their children. Jonathan Zachreson, an advocate for parental notification policies, stated that informing parents about a student's gender identification change is "critical to the well-being of children and for maintaining that trust between schools and parents." A federal appeals court recently reinstated a lawsuit by Aurora Regino against the Chico Unified School District, alleging her daughter was socially transitioned without her knowledge, highlighting the legal challenges to these policies.

Conversely, advocates for student privacy, including LGBTQ+ organizations, argue that mandatory disclosure policies, often termed "forced outing," can be detrimental to a student's mental health and safety. Tony Hoang, executive director of Equality California, emphasized that "LGBTQ+ youth and their families deserve to have sensitive conversations on their own terms and in a way that ensures students feel safe and supported at school." Research suggests that revealing a student's gender identity without consent can lead to heightened anxiety, depression, and school absenteeism.

The conflict represents a significant clash between state and federal authority, testing the legal boundaries of student rights and parental control. Legal experts note that the federal administration's interpretation of FERPA as a proactive disclosure mandate marks a substantial shift, potentially setting a national precedent for student privacy across the country. The outcome of these ongoing legal battles will shape education policy and the balance of power between state governments and federal agencies for years to come.