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Things to know about the federal investigation into California's law on students and gender

SACRAMENTO, Calif.
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FILE - Parents, students, and staff of Chino Valley Unified School District hold up signs in favor of protecting LGBTQ+ policies at Don Antonio Lugo High School, in Chino, Calif., June 15, 2023. (Anjali Sharif-Paul/The Orange County Register via AP, File)

SACRAMENTO, Calif. (AP) 鈥 The Trump administration launched an investigation Thursday into the California Department of Education over a law that says districts can't force teachers and staff to notify parents if a student changes their gender identity at school.

The U.S. Department of Education said the policy may violate the Family Educational Rights and Privacy Act, a law allowing parents to access their child's records.

鈥淚t is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student鈥檚 wellbeing from parents and guardians," Education Secretary Linda McMahon said in a statement.

Democratic Gov. Gavin Newsom's office defended the law, saying parents still have the right to access their child's education records.

鈥淚f the U.S. Department of Education still had staff, this would be a quick investigation 鈥 all they would need to do is read the law the Governor signed,鈥 Newsom spokesperson Elana Ross said in a statement, referencing Trump's .

Now, the Education Department says it could take away funding if it determines California鈥檚 school gender-identity law violates federal rules.

What does the law do?

It bans school districts from adopting or enforcing rules that require staff to disclose information about a student鈥檚 sexual orientation, gender identity, or gender expression to any other person without the child鈥檚 consent, unless otherwise required by law. That means if a student wants to use different pronouns, the school can't force teachers to tell the students' parents. It does not prohibit teachers and school staff from choosing to share that information with parents.

Newsom signed the law last year, making California the . It took effect Jan. 1.

The law also requires the state education department to develop resources to support LGBTQ+ students and their families.

Why was it passed?

A nationwide battle is underway over transgender rights, with some states , from girls and women鈥檚 sports, and requiring schools to share students' gender identity with parents without the students' consent.

Republican Assemblymember Bill Essayli introduced a bill in 2023 that would have required schools to notify parents within three days of a school employee becoming aware of a child's pronoun change.

Lawmakers in the Democratic-dominated Legislature blocked the bill from receiving a hearing, so school boards started to take up the issue and pass so-called parental notification policies of their own. The state with Chino Valley Unified School District, one of the first districts to enact such a rule, arguing the policy violated the rights of students and put the well-being of transgender children at risk.

The district later to remove any mention of gender identification and require staff broadly to notify parents of any request their child makes for a change to their records.

Democratic Assemblymember Chris Ward, chair of the legislative LGBTQ+ caucus, introduced the bill largely in response to the school district policies. It passed on party lines.

What do supporters say?

The goal is to protect the privacy of students, some of whom may live in unaccepting households and are not ready to tell their parents, backers say. Teachers should not be required to get involved in family discussions about a student鈥檚 gender identity, they argue.

鈥淩equiring governmental school officials to expose them without their consent runs afoul of the US Constitution," Ward said in a statement, calling such policies 鈥渋mmorally invasive.鈥

David Goldberg, president of the California Teachers Association, said the law helps ensure students have a safe and supportive learning environment.

What do opponents say?

Critics of the law say parents should be able to know if their child changes their gender identification at school. Chino Valley Unified over the policy, arguing it violated parents' rights under the U.S. Constitution.

鈥淚 would like to get very clear guidance to school districts that they absolutely should not have policies keeping secrets from parents,鈥 said Jonathan Zachreson, a Roseville City School District board member.

The Trump administration said children are at risk of falling victim to 鈥渞adical transgender ideology鈥 and medical interventions.

Are other California policies at risk?

Trump on his administration鈥檚 stance on issues affecting transgender and nonbinary people during his first days back in office. He signed executive orders to restrict gender-affirming care for minors and transgender athletes鈥 participation in girls sports.

Newsom has also been in the spotlight for his position on trans rights after he that transgender athletes鈥 participation in girls sports was unfair. California has a state law, signed in 2013 by then-Gov. Jerry Brown, allowing students to participate on a sex-segregated sports team that aligns with their gender identity, regardless of the gender listed on the student鈥檚 records. A Republican bill seeks to reverse it; Newsom hasn't taken a position.

The Trump administration also sent a letter Thursday requesting the state to submit curricula and materials from a sexual health education program that receives federal funding. The U.S. Department of Health and Human Services will review whether the materials are 鈥渕edically accurate鈥 and 鈥渁ge-appropriate鈥, the letter said.

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This story was first published on March 27, 2025. It was updated on March 28, 2025, to correct the headline to show the investigation is by the federal government, not the White House.

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Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on X:

Sophie Austin, The Associated Press

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