The U.S. Department of Education and the Department of Justice have intensified enforcement of federal parental rights laws, initiating investigations and legal proceedings against school districts regarding the handling of student information. The federal government is targeting districts that maintain policies to withhold information from parents concerning a student's gender identity, as well as districts that administer sensitive surveys without parental consent.
These actions follow several years of debate over the implementation of the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). The Department of Education recently formalized an interagency agreement with the Department of Justice to expedite enforcement of these laws, focusing on school districts in Maryland, Michigan, Kansas, Washington, and Colorado.
Specific enforcement actions include a finding against Anne Arundel County Public Schools in Maryland for classifying transgender identity as confidential medical information and an investigation into Ann Arbor Public Schools in Michigan for similar policies. In Kansas City, Kansas, the departments announced they would pursue judicial proceedings and the potential loss of federal funding due to the district's refusal to comply with FERPA. Additionally, the department issued a finding against the California Department of Education for using "gender support plans" that concealed name and pronoun changes from parents.
In the day-to-day experience of students and parents, these changes mean that schools may be legally required to disclose changes to a child's name, pronouns, or gender identity that were previously kept private. Parents in districts like Burlington, Massachusetts, have already seen the department rule in their favor regarding the right to opt children out of sexually explicit surveys. The U.S. Supreme Court decision in Mirabelli v. Bonta and a June 2026 ruling by the 9th Circuit Court of Appeals have further established that parents hold primary authority over their children's upbringing, setting a legal precedent that limits a school's ability to withhold social transition information.
Further changes will occur on January 1, 2027, when the One Big Beautiful Bill Act takes effect. This legislation creates a federal tax credit of up to $1,700 per individual taxpayer for donations to scholarship organizations, which will be available to an estimated 90 percent of K-12 students nationwide. While 31 states have opted into the program, governors in Minnesota and Wisconsin have stated their states will not participate. This program is expected to expand private educational options for low- and middle-income families across the participating states.