Department Of Education Investigating Washington For Hiding Gender Transitions From Parents
Secretary Linda McMahon says schools could face serious consequences for policies that exclude parents from decisions about their children’s gender identity.
The U.S. Department of Education has launched a major investigation into Washington state over claims that school officials are keeping parents in the dark about their children's gender transitions.
According to a senior department official, this is the first time the Department has teamed up multiple divisions — including the Office for Civil Rights and the Student Privacy Policy Office — to conduct a joint investigation into potential violations of both Title IX and federal student privacy laws.
"This is where the intersection is clear," the official said during a private Q&A session that included OutKick on Wednesday morning. "Washington state is essentially passing laws that are forcing districts — against their will — to adopt policies to hide information from parents about transing kids and taking spaces away from girls."
The Department is also investigating claims that these districts are exposing children to "sexually deviant behavior and ideas without parental consent."
(Photo by Kevin Carter/Getty Images)
The case centers around whether Washington's state laws violate two key federal laws: FERPA (the Family Educational Rights and Privacy Act), which protects the rights of parents to access their child’s education records, and PPRA (the Protection of Pupil Rights Amendment), which ensures parental control over certain types of student surveys and evaluations.
If violations are found, "it could lead to various funding consequences," the official said, adding that a formal referral to the Department of Justice is also on the table.
Department Of Education Prepared To Drop The Hammer On States That Violate Parental Rights
This effort comes in response to what the Department sees as systemic abuses of parental trust in some districts. Earlier this year, Secretary Linda McMahon sent a letter to education officials outlining her concerns over parents being "sidelined" in critical decisions about their children’s education and well-being — particularly in gender-related cases.
"Washington State appears to use its position of authority to coerce its districts into hiding ‘gender identity’ information from students' parents and to adopt policies to covertly smuggle gender ideology into the classroom, confusing students and letting boys into girls’ sports, bathrooms, and locker rooms," McMahon said in a press release.
"If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration."
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During Wednesday's Q&A, McMahon mentioned that this issue isn't unique to Washington state. For example, the Department is also investigating a situation in Colorado where an 11-year-old female was allegedly assigned to share a hotel bed with a male student without her parents' knowledge on a school-sponsored overnight trip.
The Department of Education says Washington state may be violating federal privacy and civil rights laws by pushing school districts to hide gender transitions from parents.
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The Department is also preparing to review and potentially revise the federal rules that govern parental rights in schools — specifically FERPA and PPRA — to make them clearer and more enforceable in situations involving gender identity and privacy.
"We are excited to review PPRA and FERPA soon," the senior official said, noting the Department will go through a formal rule-making process "to edit those rules in order to make it more clear."
This crackdown coincides with Wednesday's Supreme Court ruling upholding Tennessee's ban on so-called "gender-affirming care" for minors. Together, the ruling and the federal investigations mark a major shift in how both courts and federal agencies are responding to gender policies in schools.
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For the Department of Education, it's part of a broader plan to put parents — not bureaucrats — back in the driver's seat when it comes to deciding what is best for their children.