The Education Department and the Justice Department on Monday announced an enforcement action against the Los Angeles Unified School District, the second-largest school district in the country, over its policies on student gender identity. The departments say those policies violate two federal privacy laws, the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
They pointed to district guidance that directs employees to "privately ask the student how they want to be referred to when communicating with parents/legal guardians." The guidance also calls for a student's gender identity to be kept "private" or "confidential," including from parents, according to the departments. Education Secretary Linda McMahon thanked the Justice Department for "partnering with us to hold rogue schools accountable, including the Los Angeles Unified School District."
The two departments also sent every state attorney general a joint letter putting them on notice that the two laws give parents the right to know the most sensitive and personal information about their children. According to the New York Post, the letter says, "Many superintendents and school officials continue to behave as though they will not be held accountable for maintaining policies that infringe parents' rights. The conditions of federal funding under FERPA and PPRA are nonnegotiable."
In the letter, McMahon and Harmeet Dhillon, the assistant attorney general for civil rights, also addressed mental health screenings in schools. Schools that conduct covered screenings or similar evaluations must get parents' written consent in advance rather than simply allowing them to opt out, the two officials wrote. "Opt-outs are not sufficient in this regard." The administration warned that violating either law can cost a school its federal funding.
"Parents are children's natural providers and protectors," Dhillon said. She added that the Civil Rights Division stands with parents and will keep working with the Education Department to enforce their rights under federal law.
FERPA protects the privacy of student education records and gives parents the right to see their children's records, seek amendments and exercise control over the disclosure of personally identifiable information. The Justice Department says PPRA requires schools to notify parents and get their written consent before surveys or evaluations that ask students about sensitive subjects, including sexual behavior and attitudes, religious beliefs, and mental and psychological problems.
The announcement did not say what form the enforcement action takes, what the district would have to change or whether a deadline applies. The New York Post said it had asked the district for comment. A Justice Department civil rights investigation of the district's gender identity policy came to light in April. At the time, a district spokesperson told Fox News, "Because this matter involves a pending investigation, we are unable to comment on the specifics."
The administration has also clashed with California itself. Earlier this year the Education Department accused the state of violating FERPA through AB 1955, a state law that bars school policies requiring staff to tell parents when a child identifies with a different gender. The department's student privacy office said the law forces districts to withhold information from parents. In an April 2025 letter sent days after federal officials opened their investigation of the state, State Superintendent of Public Instruction Tony Thurmond told school leaders there is "no conflict between AB 1955 and FERPA." He wrote that the law bars districts from requiring staff to disclose a student's gender identity without the student's consent, unless state or federal law requires it, but does not stop staff from sharing information with parents.
The Education Department began coordinating enforcement of parental and civil rights laws with the Justice Department in June, saying the arrangement would cut red tape and speed up enforcement. The announcement coincided with a Justice Department report on the origins of a 2021 memo in which then-Attorney General Merrick Garland told the FBI and federal prosecutors to address reported threats against school officials.