The U.S. Department of Education’s Student Privacy Policy Office demanded updated information on Thursday from education departments in California and Washington regarding state policies on disclosing student records to parents.
The demand follows recent decisions from the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit regarding parental rights.
Federal officials previously launched statewide Family Educational Rights and Privacy Act investigations into the California Department of Education and the Washington Office of Superintendent of Public Instruction over policies that restrict schools from sharing certain student information with parents.
In March 2026, the Supreme Court ruled in Mirabelli v. Olson that parents hold primary authority over the upbringing and education of their children under established precedent. The Court stated that state policies requiring educators to withhold information from parents regarding a student’s gender transition likely violate constitutional rights.
Relying on the Mirabelli decision, the Ninth Circuit Court of Appeals held in City of Huntington Beach v. Newsom in June 2026 that California laws forbidding parental notification regarding gender dysphoria without student consent likely violate constitutional protections.
The federal office requested that both state education agencies detail their plans to revise relevant policies. The responses will determine the Department of Education’s next steps in its ongoing investigation into Washington’s state office and follow a finding earlier this year that California’s state department violated FERPA.
“Schools must end the practice of concealing vitally important information about students from parents who love them,” said Frank Miller, Director of the Student Privacy Policy Office. “We are providing California and Washington the opportunity to explain to the Department and the families they serve how they are revising their policies to come into compliance with federal law. SPPO is determined to hold educational institutions accountable and ensure the protection of parental rights.”
FERPA grants parents the right to review their children’s educational records and control the disclosure of personally identifiable information. Federal officials maintain that state guidelines instructing school staff to hide gender transition records violate these statutory protections.
The request comes alongside other federal enforcement actions announced this week, including new investigations in Washington, Colorado, and Minnesota regarding parental notification policies in public schools.
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