The Department of Education (ED) on Wednesday announced it has found the California Department of Education (CDE) in violation of federal law over its aggressive enforcement of gender secrecy policies at schools.
A senior department official told the Daily Caller News Foundation that CDE has “aggressively” pursued legal action against schools in the state that refuse to comply with the state’s 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 come into compliance with the federal student privacy and parental rights law, Family Educational Rights and Privacy Act (FERPA).
“For years, the CDE’s 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 a child’s parents,” the official stated. “During our investigation, we uncovered a systemic problem of schools maintaining secret records such as gender support plans and other records of the like, and claiming that they are not part of a student’s cumulative record, which is accessible to parents under FERPA.”
The official did not say what enforcement actions the department is prepared to use if the state continues its noncompliance.
California state law forbids 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 identity from their parents.”
“State laws and CDE policies do not supersede federal law,” a senior department official told the DCNF. “FERPA requires that schools provide access to all education records upon a parent’s request. Schools do not get to choose which records they feel like providing to parents and which ones they don’t.”
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