U.S. Department of Education Opens Investigations and Enforcement Actions Over Schools Allegedly Hiding Students' 'Gender Transitions' from Parents
The U.S. Department of Education announced on November 9 that it is continuing its efforts to restore parental rights protections by opening several investigations and moving forward with enforcement actions against multiple school districts over policies and alleged incidents that involve hiding students' 'gender transitions' from their parents. The Department said parents have the right to be informed about their child's mental health and to have access to the most sensitive information about their child's well-being without schools standing in the way. The Department's Student Privacy Policy Office (SPPO) will investigate whether the schools violated the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
Recent reports from Albuquerque Public Schools and Santa Fe Public Schools in New Mexico raise concerns that these districts maintain policies that prevent school personnel from sharing information about a child's 'gender transition' or 'gender identity' with their parents. In Santa Fe, students were allegedly asked what preferred name or pronoun they wanted to use in class, all without parents knowing or consenting. In Pennsylvania, parents allege that the Pennsbury School District facilitated their daughter's so-called 'social transition' to appear as a boy for three years without informing them. The Department is also partnering with the Department of Justice (DOJ) to take enforcement action against Pine-Richland School District in Pennsylvania for policies directing school staff, including nurses and psychologists, to facilitate 'gender transitions' for students without parental consent in violation of FERPA and PPRA.
'The Trump Administration has made upholding parental rights and transparency in the classroom a key part of our education agenda - and we will continue to do so,' said U.S. Secretary of Education Linda McMahon. 'Policies designed to conceal or hide the most sensitive information about a child's well-being not only violate federal law but also educators' moral obligation to let parents be the first decision-makers in their child's lives. We will vigorously investigate these allegations and hold districts accountable to bring parents out of the dark.'
According to the Department, Albuquerque's Procedural Directive PJ30 mandates that schools use a student's chosen names and pronouns regardless of their biological sex, separates a student's preferred name and gender in 'social interactions' at school and 'informal records,' and uses the legal name and biological sex in 'permanent records' made available to parents; a district social worker was reportedly prevented from sharing 'gender identity' information with parents. In Santa Fe, parents allege the district used 'gender support plans' and other forms without their consent or knowledge, including a 'Name & Pronoun Info Sheet' that asks students what name and pronouns to use in class and explicitly states the teacher will keep the information confidential from parents.
FERPA gives parents the right to access their children's education records, to request corrections, and to control, with important exceptions, the disclosure of personally identifiable information in education records. PPRA requires schools to notify parents and obtain written parental consent before conducting surveys, analyses or evaluations asking students for sensitive information such as sex behaviors and attitudes, religious beliefs, or mental and psychological problems. Violations of FERPA and PPRA can lead to enforcement actions and potential loss of federal funding. On October 5, the Department and the Justice Department wrote to all state Attorneys General pointing to SPPO's recent guidance and raising concerns about districts' compliance regarding mental health screenings in schools.
(Source: U.S. Department of Education)
Source: U.S. Department of Education
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Photo: 图：美国教育部总部林登·约翰逊大楼（华盛顿）。ajay_suresh 摄，CC BY 2.0，经 Wikimedia Commons。 / Photo: The Lyndon Baines Johnson Building, U.S. Department of Education headquarters in Washington, D.C. Photo by ajay_suresh, CC BY 2.0, via Wikimedia Commons.
