On January 28, 2026, the United States Department of Education (“DOE”) issued a press release informing the public of its Student Privacy Policy Office’s (“SPPO”) finding that the California Department of Education (“CDE”) violated the  Family Educational Rights and Privacy Act (“FERPA”).  According to SPPO, CDE violated FERPA by enforcing California laws that block school staff from informing parents of a student’s decisions regarding changes to their gender identity.

This finding is the result of an investigation that has been ongoing since March of 2025, which focused on California’s Support Academic Futures and Educators for Today’s Youth (“SAFETY”) Act.  The SAFETY Act prohibits school districts from enacting or enforcing policies that require employees to reveal information about students’ sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law.  Supporters of the Act call revealing this information without student consent “forced outing,” or forcing a student to “come out of the closet” with regard to their sexual orientation or gender identity.  According to SPPO, by enforcing this law, CDE was violating parents’ rights to access their child’s education records under FERPA.  The press release also identified undisclosed “gender support plans” as a FERPA violation. 

This finding is consistent with the current administration’s ongoing effort to invalidate the SAFETY Act.  It also follows a recent District Court injunction in Mirabelli v. Olson which prohibited the enforcement of several California laws, regulations, and guidance documents to prevent school employees from informing parents of children’s gender identity and presentation at school.  The injunction has been blocked by the Ninth Circuit, and the Supreme Court has been asked to weigh in on the issue.

The DOE SPPO investigation highlights the tension between student’s right to privacy amidst apprehension that some parents may punish children for being LGBTQ, and concerns about parents’ rights to information involving their children and that schools are undermining their role as parents to impart values about matters such as gender and sexuality.

SPPO provided a list of actions for CDE to take to resolve the issue:

• Issuing a notice to all superintendents and administrators informing them that “gender support plans” or other related documentation that is directly related to a student are considered education records under FERPA and are subject to parental inspection upon request;
• Publicizing that there is no “unofficial records” exception to FERPA and further notifying superintendents and administrators that AB 1955, as well as any other California laws, regulations, or policies, should not be interpreted to undermine or contradict federal law, and that violations of FERPA risk loss of federal financial assistance;
• Providing written assurance to SPPO that CDE will allow [Local Education Agencies (“LEAs”)] to enforce FERPA regarding “gender identity” and pro-parental notification approaches in a manner that aligns with the needs of the districts to ensure compliance;
• The CDE must also have the LEAs certify they understand and are in compliance with FERPA; and
• Adding FERPA training content that is approved by SPPO to the California Education Code (EC) Section 218.3(b)(1)’s LGBTQ cultural competency training for teachers and other certificated employees.

These actions apply to CDE, not to individual districts.

We urge California school districts to speak with their legal counsel regarding whether and how the finding impacts their current practices.  F3 will issue updates on this finding, the State of California’s response, and the issue of parental notification regarding gender identity in general as the situation evolves.

If you have questions about this Client Alert, please contact one of the authors listed below or the F3 attorney with whom you normally consult.

This F3 Client Alert is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances.