


The Department of Education launched an investigation Thursday into the California Department of Education for withholding information to parents about changes to their child’s gender identity.
U.S. Education Secretary Linda McMahon said school children are better off when information is not withheld from parents.
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“Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one,” McMahon said in a statement. “It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s well-being from parents and guardians.”
California receives from the federal government $2.1 billion annually in funding to offset the effects of family poverty and $1.3 billion to help educate students with disabilities, according to the Los Angeles Times.
The California law that the Trump administration is targeting bans “forced outing.” It was approved after a number of school boards in the state passed policies requiring school faculty to notify parents if their child changes their name or preferred pronouns.
The attorney general of California, Rob Bonta, said last month he would defend state educators and LGBT students against threats from the Trump administration.
“California’s schools are and will remain a welcoming, inclusive and safe place for all, regardless of your sexual orientation, gender identity or immigration status,” Bonta said at the time.
“The federal government does not dictate what we teach, and does not write our curricula. We do that here in California,” he continued.
In a letter to Gov. Gavin Newsom (D-CA), McMahon wrote, “If a student claims a ‘gender identity’ at school, managing this issue bureaucratically while hiding it from parents violates the Family Educational Rights and Privacy Act (FERPA).”
Under the FERPA law, schools must provide parents with an opportunity to review their child’s education records within a “reasonable” period of time.
“State laws do not override federal laws, and educational entities receiving federal funding are subject to FERPA. Violation of FERPA can result in termination of an educational entity’s federal funding,” a statement from the Department of Education said.
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Teachers and other school officials have long disputed the idea that they are “indoctrinating” students by using their preferred pronouns. They have stated that they are instead trying to accept students and make schools a safe space.
The Department of Education also on Thursday revoked federal waivers to Oregon and California colleges and universities that the administration said are using funding to provide services to undocumented immigrants.