California: U.S. Education Department Says Parents Must Be Allowed to See “Gender Support Plans”
Sacramento, Calif. — Federal education officials say California is violating a key student privacy law by allowing schools to keep certain documents about a student’s gender identity separate from records parents can review, escalating a high-profile conflict over parent access and student privacy.
On Wednesday, the U.S. Department of Education’s Student Privacy Policy Office said the California Department of Education remains out of compliance with the Family Educational Rights and Privacy Act, or FERPA, which gives parents the right to inspect their child’s education records.
The department’s finding centers on “gender support plans” and similar documentation that it says are “directly related” to a student and therefore must be available to parents upon request under FERPA. Federal officials said state laws and guidance have created pressure on districts to withhold information from families.
The office offered California an option to resolve the matter voluntarily, including issuing statewide guidance that these plans are FERPA-covered records, adding FERPA training content, and having local educational agencies certify compliance. Federal officials warned that FERPA violations can jeopardize federal financial assistance.
California education leaders have previously argued there is no conflict between FERPA and AB 1955, writing in a 2025 letter that the law does not require nondisclosure and does not bar staff from sharing information with parents.
What parents should know
- You can request to inspect your child’s education records in writing through your school or district office.
- Ask what documents exist outside the cumulative file (for example, support plans or separate notes) and whether they are treated as FERPA records.
Officials said the next steps depend on whether California agrees to the proposed resolution; families can monitor updates through state and federal education agency postings.
