WASHINGTON, D.C. — The U.S. Department of Education is pursuing enforcement against school districts in Maryland and Michigan over policies that federal officials allege withheld student gender-identity records from parents in violation of the Family Educational Rights and Privacy Act.
The department’s Student Privacy Policy Office determined that Anne Arundel County Public Schools improperly treated information about a student’s gender identity as confidential medical information that could not be disclosed to parents, according to the agency.
The Education Department said its privacy office is working with the Justice Department’s Civil Rights Division on potential enforcement, including court proceedings and the possible loss of federal funding.
The action stems from complaints by Anne Arundel County parents who learned that school employees were referring to their daughter with male pronouns, the department alleged.
According to the agency, the school principal declined to provide details about the student’s gender transition and an assistant principal refused to release related records.
The department characterized those actions as an unlawful barrier to the parents’ right under FERPA to inspect their child’s education records. The district’s response was not included in the department’s statement.
Separately, the Education Department said an Ann Arbor Public Schools policy directing employees to withhold a student’s transgender status from parents likely violates FERPA.
The Michigan district has until Aug. 10 to explain why the Education and Justice departments should not proceed with enforcement, according to the agency.
Federal officials also directed Ann Arbor Public Schools to justify its practice of maintaining gender-identity records in a separate filing system.
“FERPA is not optional, and any districts that attempt to bypass or distort its requirements should expect immediate federal action,” Assistant Attorney General Harmeet K. Dhillon stated.
FERPA gives parents the right to inspect and seek corrections to their children’s education records and limits the disclosure of personally identifiable information, subject to statutory exceptions.
The Education Department has taken the position that school policies requiring employees to conceal records related to a student’s gender transition interfere with those parental access rights.
In March 2025, the department identified the withholding of gender-identity information from parents as an enforcement priority in guidance sent to state education officials.
The agency also cited an earlier finding against the California Department of Education involving alleged efforts to conceal student name and pronoun changes and maintain separate gender-support records.
Education Secretary Linda McMahon said the department and Justice Department would “use every tool available” to enforce parental rights under federal law.
FERPA violations can lead to the termination of federal education funding, although the actions described by the department remain subject to further administrative or judicial proceedings.
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