(The Center Square) – The U.S. Department of Education's Student Privacy Policy Office and the Department of Justice allege that two school districts, Anne Arundel County Public Schools in Maryland and Ann Arbor Public Schools in Michigan, have withheld information from parents regarding students' gender identity.
The SPPO and the DOJ plan to take enforcement action against the school district in Maryland after the district allegedly classified students' gender identity as confidential medical information that could not be shared with parents. The federal offices are also considering enforcement action against the Michigan district.
This follows complaints received by SPPO from parents in Anne Arundel County, Maryland, who said they learned that their daughter's school had been using a male name and pronouns for their child at school after receiving an email that referred to their daughter with male pronouns.
The investigations are part of the Trump administration's broader effort to scrutinize K-12 schools and universities over policies involving parental rights and gender identity. In announcing the actions, the Education Department alleged the districts were “secretly transitioning students and hiding it from parents.”
According to SPPO, when the parents in the Maryland district asked school administrators for more information, the principal declined to discuss the student's gender-related support at school, and the assistant principal did not provide the records the parents had requested.
Anne Arundel County Public Schools said it first learned of the federal allegations through the Education Department's press release and had not yet received any formal notice or supporting documentation. The district told The Center Square that it would review any official findings with legal counsel before responding and emphasized that it takes its obligations under FERPA seriously but could not comment on matters involving an individual student.
The Department of Education states that withholding this kind of sensitive information violates the parental rights protected under the Family Educational Rights and Privacy Act.
“Let this serve as notice to every school district in the country: FERPA is not optional,” Harmeet Dhillon, assistant attorney general for civil rights at the U.S. Department of Justice, said in a statement sent to The Center Square. “The Department of Justice will enforce it to the maximum extent of the law, and any district that hides a child's sensitive information from their own parents should expect immediate federal action.”
The SPPO also determined that Ann Arbor Public Schools' policy directing employees not to disclose a student's transgender status to parents likely violates FERPA.
The Education Department has given the district until Aug. 10 to explain why enforcement action should not proceed and to justify its policy of maintaining certain records related to a student's gender identity in a separate filing system.
Education Secretary Linda McMahon said the administration believes schools should not withhold information about a child's gender identity from parents.
The Center Square reached out to Ann Arbor Public Schools for a comment but did not receive a response.
"Esther is an education reporter for The Center Square. Please email her at ewickham@thecentersquare.com for tips or questions."
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