Particle.news

Judge Blocks U.S. Education Department From Withholding $4.9 Billion From California in FERPA Fight

The order follows California’s challenge to the department’s view that FERPA mandates disclosure of students’ gender identity to parents.

Overview

  • California Attorney General Rob Bonta sued the U.S. Department of Education to overturn a January 28 findings letter and related corrective demands tied to gender-identity disclosures in schools.
  • U.S. District Judge Noël Wise granted a temporary restraining order that bars the department from cutting off education funds while the case proceeds.
  • Federal officials alleged California policies pressured districts to hide students’ “gender transitions” and demanded assurances that districts may adopt parental-notification approaches.
  • California argues FERPA imposes no affirmative duty to disclose absent a valid records request and says the department cited no case of a parent being denied access to an education record, as the state reminded districts that gender support plans are subject to parental review under FERPA.
  • The dispute centers on AB 1955, the 2024 state law prohibiting forced outing of transgender students, with the lawsuit naming the department, Secretary Linda McMahon, and student privacy chief Frank Miller as defendants.