The U.S. Departments of Education and Justice announced actions against Anne Arundel County (MD) and Ann Arbor (MI) school districts over policies that reportedly protect students' expressed gender identity from parents. Complaints to the Education Department's Student Privacy Policy Office allege staff helped a student "pretend to be male" and that administrators refused to provide parents with records. The agencies say Ann Arbor's policy likely violates the Family Educational Rights and Privacy Act (FERPA) and have given the district until Aug. 10 to respond. The departments warned they may pursue judicial proceedings and the loss of federal funding if violations are found.
ED and DOJ Move Against Two School Districts Over Policies Protecting Students' Gender Identity
U.S. Secretary of Education Linda McMahon speaks in June during a roundtable event on at the Department of Justice in Washington, D.C. On Monday, the Departments of Education and Justice said they are targeting two school districts for policies protecting students' gender identity. Photo by Daniel Heuer/UPI
The U.S. Departments of Education and Justice announced Monday that they are taking significant action against two public school districts — Anne Arundel County Public Schools in Maryland and Ann Arbor Public Schools in Michigan — over policies that, the agencies say, shield students' expressed gender identity from parents.
In a joint press release, the departments said they received complaints alleging that Anne Arundel staff helped a student "pretend to be male" and that school officials refused to provide parents with information or records about the student. The Department of Education's Student Privacy Policy Office (SPPO) and the Justice Department's Civil Rights Division said they will pursue applicable judicial proceedings and warned the district it could face the loss of federal funding.
For Ann Arbor, the SPPO determined that a district policy requiring school employees to withhold a student's gender identity from parents "likely violates" the Family Educational Rights and Privacy Act (FERPA). The departments have given the Ann Arbor district until Aug. 10 to show cause why the Education and Justice Departments should not move forward with enforcement actions.
"This is not only an affront to basic moral principles, but also to parents' rights under federal law," the joint release said, adding that the agencies "will use every tool available to hold districts accountable for this egregious behavior."
Legal experts say FERPA governs access to certain student education records, but disputes involving privacy, parental rights and a student's expressed gender identity can raise complex questions about which records are protected and how schools should balance privacy and family notification. The departments' actions signal a willingness to pursue enforcement where they believe federal privacy rules have been violated.
Both districts will have the opportunity to respond to the departments' findings before any formal enforcement actions are taken.
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