Investigation into California’s Transgender Student Protection Law
The Trump administration announced on Thursday that it would initiate an investigation into the state of California, asserting that the recently enacted law aimed at safeguarding transgender students from unwanted disclosures to their parents is in violation of federal law. This move could potentially embolden conservative school boards and parent activist groups, both in California and nationwide, who have opposed the initiatives from progressive educators and policymakers that seek to validate and affirm transgender identities.
The legislation in question, known as the Safety Act, prohibits school districts from mandating that staff members inform parents when a student chooses to use a different name or pronoun. Signed into law by Governor Gavin Newsom, a Democrat, in July, the act became effective on January 1. This legislative action was prompted by a wave of attempts from over a dozen conservative school boards to enforce parental notification requirements.
Democratic leaders within the state have sharply criticized such disclosure mandates, labeling them as a “forced outing” that could jeopardize the well-being of students. The law articulates that “choosing when to ‘come out’ by disclosing an L.G.B.T.Q.+ identity, and to whom, are deeply personal decisions,” which significantly impact health, safety, and essential relationships, underscoring the right of every L.G.B.T.Q.+ individual to make these choices independently.
Conversely, Republican lawmakers argue that parental notification is fundamentally about maintaining parental rights. On Thursday, the Trump administration contended that California’s policy is at odds with FERPA, the Family Educational Rights and Privacy Act, a federal statute designed to grant parents access to their children’s educational records. The Education Secretary, Linda McMahon, stated in a written statement, “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. That responsibility and privilege lies with a parent or trusted loved one.”
