Trump Challenges California’s Ban On Informing Parents About Students’ Gender Identity

Introduction to the Investigation

Federal officials have launched an investigation of the California Department of Education for withholding from parents information about changes to their child’s gender identity, setting up a showdown between the state and President Trump, with billions of dollars in federal funding potentially at stake.

Background of the Investigation

The investigation, announced Thursday morning by the U.S. Department of Education, essentially pits a California law signed by Gov. Gavin Newsom in July — prohibiting schools from automatically notifying families about student gender-identity changes and shielding teachers from retaliation for supporting transgender student rights — against an interpretation of federal law adopted by the Trump administration.

Statement from the U.S. Department of Education Secretary

U.S. Department of Education Secretary Linda McMahon said children are best protected when no information is withheld from parents.
“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.”

Potential Consequences

The potential penalty is the loss of federal funds overseen by the Education Department. These include $2.1 billion annually in funding to offset the effects of family poverty and $1.33 billion to assist in the education of students with disabilities.

Trump Administration’s Stance on Transgender Issues

Trump has issued a spate of anti-transgender orders and policies, including directives that recognize only two biological sexes, calls for defunding or even criminalizing gender-affirming medical care for youth, bans against transgender people from bathrooms and sports teams who don’t conform to their gender identified at birth. In one order, titled “Ending Radical Indoctrination in K-12 Schooling,” Trump took aim at school policies intended to support transgender, nonbinary and other gender-nonconforming students.

California’s Response

California Atty. Gen. Rob Bonta vowed last month to defend state educators and LGBTQ+ students against Trump administration threats, saying California laws requiring inclusive school environments remain intact.
“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.”

The California Law

The California law, which bans “forced outing,” was approved after a handful of school boards passed policies requiring educators to notify parents if their child changes their name or pronouns, or if students request to use facilities or participate in programs that don’t match their gender on official records.

Debate Over Parental Notification

“Parental notification” policies have been divisive across the nation. On one side, advocates for LGBTQ+ students say that students need — and have a legal right — to explore this personal issue in a safe space and deserve the opportunity to decide when and what to tell their parents. However, many parents feel they have an uncompromised right to know if their child is changing their gender identity or exploring the possibility — and schools must tell them.

U.S. Department of Education’s Interpretation of Federal Law

The Trump administration probe is the latest norm-shattering step from the U.S. Department of Education, which is under his orders to shut itself down as soon as possible, even while upending the status quo both for K-12 and higher education.
Thursday’s action relies on the Trump administration’s interpretation of the federal Family Education Rights and Privacy Act, or FERPA, which protects the privacy of student education records from kindergarten through graduate school.

Conclusion

The investigation launched by the U.S. Department of Education against the California Department of Education marks a significant escalation in the debate over parental notification policies and the rights of LGBTQ+ students. The outcome of this investigation could have far-reaching implications for schools, students, and families across the country.

FAQs

1. What is the California law that is being investigated by the U.S. Department of Education?
   The California law bans “forced outing” and prohibits schools from automatically notifying families about student gender-identity changes.
2. What are the potential consequences for California if found in violation of federal law?
   The potential penalty is the loss of federal funds overseen by the Education Department, including $2.1 billion annually in funding to offset the effects of family poverty and $1.33 billion to assist in the education of students with disabilities.
3. What is the Trump administration’s stance on transgender issues?
   The Trump administration has issued a spate of anti-transgender orders and policies, including directives that recognize only two biological sexes and calls for defunding or even criminalizing gender-affirming medical care for youth.
4. How has California responded to the Trump administration’s threats?
   California Atty. Gen. Rob Bonta has vowed to defend state educators and LGBTQ+ students against Trump administration threats, saying California laws requiring inclusive school environments remain intact.