Schools that hide children’s so-called “gender identities” from parents are violating parental rights under federal law and can be subject to a loss of funding.
Secretary of Education Linda McMahon delivered this message to education leaders last week in conjunction with a “Dear Colleague” letter from the department’s Student Privacy Policy Office (SPPO) that began with the sentence, “By natural right and moral authority, parents are the primary protectors of their children.”
“Yet many states and school districts have enacted policies that presume children need protection from their parents,” SPPO Acting Director Frank E. Miller Jr. continued. “Often, such policies evade or misapply the Family Educational Rights and Privacy Act (FERPA), turning the concept of privacy on its head to facilitate ideological indoctrination in a school environment without parental interference or even involvement.”
“Going forward, the Department of Education will insist that schools apply FERPA correctly to uphold, not thwart, parents’ rights,” the department stated.
Additionally, the education department noted in a press statement that compliance with both FERPA and the Protection of Pupil Rights Amendment (PPRA) “means that schools must allow parents to review all education records of their student, including any document related to a student’s ‘gender identity.’”
The SPPO issued the letter as parental rights activists have reported thousands of schools in the country are still enforcing so-called “Transgender/Gender Non-Conforming Policies” that “openly state that district personnel can or should keep a student’s transgender status hidden from parents.”
It is deeply concerning to hear that teachers & school counselors in Maine are reportedly encouraging & helping students to undergo so-called ‘gender transitions’ while keeping parents in the dark.
We will enforce all federal laws to safeguard students & families. @nickineily pic.twitter.com/lVmqJtIzDo
In a joint video announcement with Nicole Neily, foundress and president of Parents Defending Education (PDE), McMahon said her department would be engaging in “an unprecedented directed investigation into the Maine Department of Education for alleged violations of the Family Educational Rights Privacy Act, or FERPA.”
“We have heard disturbing reports that dozens of Maine school districts allow for schools to create gender plans that support a student’s transgender identity and then hide those plans from parents, claiming they don’t fall under education records,” the secretary explained. “That is unacceptable and unlawful, if true. Parents and guardians have the right to access their child’s education records to guide and safeguard their child’s mental, emotional, and physical well-being, and we will uphold the law.”
Neily expressed the frustration of many parents that their complaints about schools indoctrinating children “were ignored by the previous administration.” The Biden administration engaged in a “practice of leaving parents in the dark,” she said. “Will schools push students to undergo so-called gender transitions?”
She went on to provide examples of issues cited by parents. “And it became all too common,” Neily said. “We’re proud to stand with you and President Trump as you ensure that the law is being followed and that school districts do not infringe on parents’ rights.”
According to PDE, as of March 18, over 21,000 schools in the United States have policies “that openly state that district personnel can or should keep a student’s transgender status hidden from parents.”
Parents can access the list here to find out which school districts in their states maintain the anti-parent policies.
.@EDSecMcMahon was right to call out Maine for their shocking parental exclusion policies – placing school administrators between parents and their kids.
But Maine isn’t alone – we’ve found 1200 school districts with similar policies, impacting 12M children.
We are thrilled… pic.twitter.com/vgUJbF1tFL
In a Fox News interview, Neily said that Maine, California, and other states with school districts maintaining policies that keep information about children, such as gender identity, hidden from parents are engaging in a practice that attempts to “throw up a wall” between parent and child.
“My organization has actually been tracking this issue for two years,” she said. “So far, we’ve identified 1,200 districts and counting, impacting more than 12 million children. These are districts or states, like California, that affirmatively passed policy saying you as a parent do not have the right to know your child’s gender identity at school.”
The press statement from the education department noted that its “priority concerns” include:
“Ensuring parental rights to inspect and review education records,” including so-called “gender plans.”
“Ensuring parents receive annual notification of rights.”
The letter to education officials states that both state and local educational agencies must submit documentation showing they are in compliance with both FERPA and PPRA, “specifically in regard to the priority concerns,” no later than April 30.
“Institutions that fail to comply with FERPA and PPRA may, consistent with applicable law, face investigation and loss of federal funding,” the department statement says.
McMahon also instructed SPPO to open FERPA investigations into the California Department of Education and the Maine Department of Education, “amid allegations that these states have violated FERPA by establishing policies to prohibit parents from accessing records relating to their child’s ‘gender transition.’”
“Federal laws like FERPA and PPRA preempt state laws,” the department noted.