Federal Agencies Step Up School Gender-Policy Enforcement
The Departments of Education and Justice are leveraging FERPA and Title IX to challenge state-level policies that limit parental notification regarding student gender transitions, citing recent Supreme Court support.
Federal agencies are escalating enforcement related to parental rights and student gender identity in schools, creating a direct conflict with some state laws. The U.S. Department of Education’s privacy office found California policies that conceal student gender transitions from parents violate the Family Educational Rights and Privacy Act (FERPA). Separately, the Justice Department’s Civil Rights Division has launched a Title IX compliance review of four California school districts concerning instruction on gender ideology and parental opt-out rights. These actions are bolstered by recent Supreme Court decisions, including Mirabelli v. Bonta, which affirmed broad parental rights under the Constitution. School districts nationwide that receive federal funds face heightened legal exposure, as federal authorities have signaled that conflicting state laws will not excuse noncompliance with FERPA and Title IX. Counsel for educational institutions should immediately review policies on student records, parental notification, and curriculum transparency. The key developments to watch are the outcome of California’s legal challenge to the DOE's findings and the results of the DOJ’s ongoing compliance reviews.