The U.S. Department of Education has launched an investigation into a new California law that stops public schools from informing parents about their child’s sexual orientation or gender identity without the student’s consent. This law, known as Assembly Bill 1955, is now at the center of a growing national debate over privacy, parental rights, and federal funding.
What Is California Assembly Bill 1955?
Signed into law just three months ago, AB 1955 makes it illegal for school staff — including teachers, counselors, and administrators — to disclose a student’s sexual orientation, gender identity, or gender expression without the student’s permission.
The law is designed to protect LGBTQ+ students from being forcibly outed, which many advocates say can put young people at risk of mental distress, family conflict, or even physical harm.
Assemblymember Chris Ward, who wrote the bill, defended it by saying it respects students’ rights and safety. “Requiring school staff to expose a student’s identity without their consent is immorally invasive,” he said in a statement.
Federal Government Claims Law Violates Parent Rights
The Department of Education, under President Donald Trump’s administration, argues that AB 1955 goes against the Family Educational Rights and Privacy Act (FERPA). FERPA allows parents to access their child’s school records and gives them some control over the sharing of personally identifiable information.
The Department claims the law unfairly blocks parents from reviewing such information and could prevent them from making decisions that affect their children’s mental and emotional health.
Education Secretary Linda McMahon stated, “Teachers and school counselors should not be in the business of advising minors on consequential decisions about their sexual identity and mental health. That responsibility lies with parents or trusted loved ones.”
Billions in Federal Funding at Risk
If the investigation finds California in violation of federal law and the Trump administration decides to act, the state could lose up to $7.9 billion in federal education funds. This money supports programs such as special education services, school meals, and low-income student support.
Critics, like California Teachers Association President David Goldberg, argue that cutting these funds would mostly harm the state’s most vulnerable students. “The Trump administration is threatening to withhold money from children who need it most,” he said.
California Officials Stand by the Law
Despite the investigation, California’s leaders remain firm in defending the law. State Superintendent Tony Thurmond said the law is about keeping students safe and giving them space to explore their identity without fear.
“Our students must be safe in order to learn,” Thurmond said. “I’ve heard from many students and families whose safety was put at risk by being outed without their consent.”
Broader Push from the Trump Administration
This investigation is part of a wider effort by the Trump administration to limit LGBTQ+ protections in schools. In January, Trump signed an executive order stating that the U.S. government would legally recognize only two sexes — male and female.
Then in February, he signed another order banning transgender women and girls from competing in female sports, threatening to pull funding from schools that allow trans participation.
Earlier this week, the Department of Education also opened an investigation into Portland Public Schools after a male student reportedly competed in a girls’ track-and-field event on March 19.
The clash between state privacy protections and federal parental rights is fueling a national conversation about who should decide how a young person identifies — the student or their parents.
While California is defending its right to protect LGBTQ+ students from being outed, the Trump administration is pushing hard for parental access and traditional gender definitions. As the investigation unfolds, the future of billions in funding and student privacy laws could be reshaped.