Trump Administration Challenges California’s Transgender Student Privacy Law, Citing Parental Rights

March 28, 2025 — Washington, Education & Politics Desk

The Trump administration has launched an investigation into California’s landmark law protecting transgender students’ privacyarguing that it may violate federal parental rights statutes. The move signals the beginning of a high-stakes legal battle over one of the most divisive issues in American education: the balance between student privacy and parental notification.

At the center of the dispute is California’s “Safety Act”which prohibits schools from requiring staff to inform parents when a student chooses to use a different name or pronoun. The law, signed by Governor Gavin Newsom in July 2024 and effective from January 1, 2025has been hailed as a milestone for transgender rights.

Federal Probe Targets Nation’s Largest School System

On Thursday, the U.S. Department of Education announced that it would investigate whether the Safety Act violates the Family Educational Rights and Privacy Act (FERPA)a federal law that gives parents access to their children’s educational records.

In a written statement, Education Secretary Linda McMahon said:

“Teachers and school counselors should not be in the business of advising minors on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one.”

The administration warned that schools found in violation of FERPA could face the loss of federal fundingmaking this one of the most direct federal challenges to state-level LGBTQ+ protections in recent years.

Political and Legal Reactions Intensify

Democratic leaders in California have condemned the federal action, characterizing it as an attack on LGBTQ+ youth and state sovereignty. The Safety Act states that “choosing when to ‘come out’ and to whom is a deeply personal decision that impacts health, safety, and relationships.”

Conversely, Republicans and conservative parent groups argue that withholding such information violates parental rights and family trust. More than a dozen Republican-led states have already passed laws requiring parental notification of any changes in a student’s gender identity at school.

A Novel Use of FERPA

Legal experts say the Trump administration’s reliance on FERPA as a basis for this challenge is unusual. According to Amelia Vancepresident of the Public Interest Privacy Center:

“FERPA gives parents access to records, but it doesn’t typically require schools to proactively notify parents about gender identity issues.”

Still, FERPA also does not prevent states from creating notification mandateswhich Republican legislatures in multiple states have embraced.

Culture War Flashpoint

This latest action by the Trump administration — including targeting California’s entire public school system — is likely to galvanize conservative school boards and parent activist groups nationwide. California, known for its liberal educational policies, now stands at the center of a national culture war over gender identity, student privacy, and parental authority.

Governor Newsom recently defended the law during an interview with conservative commentator Charlie Kirkstating that the law “gives teachers the freedom not to snitch.” His remarks have drawn both praise and criticism, highlighting the deeply polarized nature of the debate.

As the investigation proceeds, it may set a legal precedent with nationwide implications for how public schools navigate LGBTQ+ rights, privacy laws, and parental involvement.

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