Trump goes after California’s ban on ‘Forced Outing’

California – A major clash between state and federal governments is brewing over California’s policy on student gender identity disclosures. The U.S. Department of Education announced Thursday that it is investigating the California Department of Education for allegedly withholding information from parents about changes to their child’s gender identity. The outcome of this probe could impact billions in federal education funding, setting the stage for a high-stakes legal showdown.

At the heart of the issue is a California law signed by Governor Gavin Newsom in July, which prohibits schools from automatically informing parents about students’ gender identity changes. The law also protects educators from retaliation if they support transgender students. However, the Trump administration argues this policy contradicts federal law, particularly the Family Education Rights and Privacy Act (FERPA), which guarantees parents access to student records.

Education Secretary Linda McMahon framed the issue as a matter of transparency and parental authority. “Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health,” McMahon stated. “That responsibility and privilege lies with a parent or trusted loved one.”

If California is found in violation of federal law, it could lose significant funding, including $2.1 billion annually allocated for schools serving low-income families and $1.33 billion for special education programs.

Trump’s education policies have consistently targeted LGBTQ+ rights in schools, including directives restricting access to gender-affirming medical care, barring transgender students from certain sports teams, and reinforcing policies that recognize only two biological sexes. A recent executive order, “Ending Radical Indoctrination in K-12 Schooling,” specifically calls for removing policies designed to support transgender and nonbinary students.

California Attorney General Rob Bonta has pledged to defend the state’s educators and students, asserting that California’s commitment to inclusivity remains unchanged. “California’s schools are and will remain a welcoming, inclusive, and safe place for all, regardless of your sexual orientation, gender identity, or immigration status,” Bonta said.

The controversy over parental notification policies has ignited passionate debates across the country. Supporters of California’s law argue that LGBTQ+ students deserve a safe space to explore their identity without fear of forced disclosure, which could put them at risk in unsupportive households. Opponents, including McMahon, contend that keeping parents in the dark is unethical and potentially illegal. “This investigation aims to vigorously protect parents’ rights and ensure that students do not fall victim to a radical transgender ideology that often leads to family alienation and irreversible medical interventions,” she said.

Educators and LGBTQ+ advocates reject these characterizations, emphasizing that schools are not pushing an agenda but rather fostering an environment of acceptance and safety.

Thursday’s federal action is a significant escalation, leveraging FERPA to challenge California’s policy. Typically, FERPA cases involve complaints about unauthorized disclosure of student records, but this case hinges on the alleged failure to disclose information to parents.

While the federal government maintains that FERPA supersedes state law, legal experts suggest the issue may ultimately be settled in court. A lawsuit filed by the Chino Valley Unified School District against the state underscores the contentious nature of the debate. Other California districts, including Temecula Valley and Rocklin Unified, have also enacted parental notification policies in defiance of the state law.

With at least eight other states passing similar legislation, the outcome of this investigation could set a national precedent, reshaping the balance between parental rights and student privacy in schools across the country.