The Trump administration announced on Monday that it will pursue enforcement action against a Maryland school district, and potentially taking similar action against a Michigan district, over policies governing the disclosure of transgender students’ information to their parents.

In commenting on this issue, US Assistant Attorney General for Civil Rights Harmeet Dhillon said:

“School districts that hide information from parents are violating federal law. FERPA is not optional, and any districts that attempt to bypass or distort its requirements should expect immediate federal action. In partnership with the Department of Education, the Department of Justice will initiate enforcement proceedings with districts that fail to comply.”

The US Department of Education alongside the US Department of Justice (DOJ) alleged that Anne Arundel County Public Schools in Maryland violated the Family Educational Rights and Privacy Act (FERPA) by concealing information from parents regarding their children’s gender transitions. The federal government enforcement action centers on several key findings, such as improper record classification of a student’s gender identity as “confidential medical information” alongside a series of complaints by concerned parents who expressed frustration at being blocked by both the principal and assistant principal from accessing their child’s records. 

It also determined that an Ann Arbor Public Schools policy in Michigan likely violates the law. The Department said that Anne Arundel could face judicial proceedings and the loss of federal funding.

FERPA gives parents the right to inspect and review their children’s education records and request amendments to records they believe are inaccurate or misleading. It also generally requires schools to obtain parental consent before disclosing personally identifiable information from those records, subject to certain exceptions.

The Education Department alleged that Anne Arundel County Public Schools improperly classified information about a student’s gender identity as “confidential medical information” that officials could withhold from the student’s parents.

According to the Department, the parents filed complaints after receiving an email that referred to their child using male pronouns. 

Anne Arundel County Public Schools said Tuesday that it first learned about the allegations through the Education Department’s press release. The district said it had not received formal notice, findings, correspondence, or supporting documentation from the federal government.

The district said it will consult legal counsel and respond through the appropriate process after receiving the relevant materials, stressing that it takes their FERPA responsibilities seriously. 

The Education Department separately challenged Ann Arbor Public Schools’ policy addressing transgender and gender-nonconforming students. The policy generally directs employees not to disclose information that may reveal a student’s transgender status, including to parents or guardians, unless disclosure is legally required or authorized by the student.

The policy also directs schools to update education records to reflect a student’s chosen name and gender markers. It requires schools to keep records containing the student’s birth name and gender in a separate confidential file. The Department alleged that these provisions interfere with parents’ rights under FERPA. Ann Arbor Public Schools had not publicly responded as of Tuesday.

Anne Arundel County Public Schools is awaiting formal documentation before responding. Ann Arbor Public Schools has until August 10 to explain why the administration should not move forward with enforcement.