The Trump administration on Thursday argued that new California law protects transgender students from unwanted disclosures to parents is a violation of federal law. The announcement foresaw a potential legal battle on one of the most controversial issues in education.
The move can also empower conservative school boards and parent activists across California and across the country, resisting efforts from liberal educators and policymakers, and affirming transgender identity.
California law, known as the safety law, prevents school boards from requiring staff to tell parents when students ask students to use another name or pronoun. It was signed in July by Democrat Gov. Gavin Newsom and came into effect on January 1st. The law comes after more than 12 conservative local school boards tried to require parental notices.
State Democratic leaders have criticized disclosure requirements for “forced outings” that harms students' well-being. “Choosing when to “come” by disclosing your LGBTQ+ identity, and who is a deep, personal decision,” and the law “impacts health and safety and impacts important relationships.
However, Republicans say notifications are a matter of parental rights. The Trump administration on Thursday argued that California's policies contradict Phelpa, or the Family Education Rights and Privacy Act, a federal law that allows parents to access their children's education records.
“Teachers and school counselors should not be in the business of advising minors who are entrusted with consequential decisions about sexual identity and mental health,” Education Secretary Linda McMahon said in writing. “That responsibility and privilege lies with your parents or trustworthy loved one.”
California law does not prohibit gender identity conversations between school staff and parents. But that prevents schools from adopting policies that require disclosure.
California Democrats, including public leader Tony Thurmond and Attorney General Rob Bonta, have become openly in fighting such policies. Alberto Carvalho, the leader of the state's largest school district in Los Angeles, has vowed to resist the Trump administration's efforts to prevent schools from affirming their transgender identity.
In a recent podcast interview with conservative youth leader Charlie Kirk, Governor Newsom defended state law as giving teachers the freedom to not snitch. Kirk was facing the governor for signing a “law that would not even allow the district to tell parents if their children were trans.”
“It's not true,” Newsom replied. “They can. They can't be fired because they don't do that.”
But the exchange came in the same interview where Newsom defeated other Democratic leaders, saying it was “deeply unfair” for trans athletes to compete in women's sports.
Newsom's office did not immediately respond to an investigation released by the Trump administration on Thursday. The governor has withheld criticism of various moves by the administration as his state seeks more than $40 billion in federal aid to recover from the Los Angeles wildfires.
Leaders of California's education department have challenged the Trump administration's claim that state law violates federal law. They said parents still have access to the child's records on request.
“I have heard from many students and families that I am affected by the forced outing policy,” Democrat Thurmond said in a statement. “I want to make sure our LGBTQ+ young people and their families are listening as loudly as you do.
There are fewer issues of education that are more divisive than transgender notification requirements, both around the kitchen table and at the political stage.
California Safety has a strong interest in Elon Musk, the CEO of Tesla, who leads the government's efficiency efforts and Trump's donor.
Musk called the law “the last straw” in his decision to move SpaceX headquarters from California to Texas.
Several Republican-leaning states have passed laws requiring parents to be notified when children question or change their gender identity. This issue is a top priority for the conservative custody movement that gained energy during and after the Covid-19 pandemic.
For educators and counselors, the issues are complicated. They often try to balance student tensions by getting closer to the knowledge and parents that openness and support in their families are important to the well-being of children and teenagers.
They also seek to protect students from abuse and neglect, and are concerned that in rare cases parental responses to gender identity disclosure could pose a threat.
The American School Counselors Association's professional guidelines emphasize the importance of family involvement when counselors work with LGBTQ students. They also state that counselors should affirm the selected gender identity, name, and pronoun of a student, even if the parents are unaware.
Chris Ward, a Democrat who wrote California law, said he is confident it will withstand legal scrutiny.
“Requiring government school officials to expose students without their consent is in violation of the U.S. Constitution,” he said Thursday. “We believe it is morally invasive and we are countering the overwhelming mental health evidence on this subject.”
The federal investigation into the country's largest public school system in the most well-known liberal nation represents a bold move from the education sector that President Trump has vowed to close.
Previous efforts have been much smaller in scope. For example, the administration has launched an investigation into Denver Public Schools. To turn a girl's toilet into all genders. But by citing FERPA and targeting the statewide, the administration signaled that in California cases, it would pursue another, more novel legal pathway. FERPA is enforced by the Student Privacy Policy Office, Educational Division.
Trump has also signed an executive order threatening to withhold federal funds from schools that recognize transgender identity. However, his capabilities are limited by the fact that Congress manages most federal funds for K-12 schools. These federal funds account for only about 10% of school budgets nationwide.
