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FERPA

The California Mom at the Center of Trump鈥檚 Crackdown on School Gender Policies

The Education Department is relying on a novel interpretation of privacy law to punish schools that hide student identity changes from parents.

By Linda Jacobson | June 9, 2025
Photo Illustration: Eamonn Fitzmaurice/The 74, Getty

In 2022, near the end of her youngest child鈥檚 freshman year in high school, a Southern California mom spotted an unfamiliar male name on an online biology assignment: Toby. When she asked the teacher about it, he shrugged it off as a nickname.

While scrolling through Instagram, the mother noticed her child’s friends also called the teen Toby. So she began digging for further evidence of something she had started to suspect 鈥 that the ninth grader, with the school’s support, was transitioning from female to male.

鈥淚鈥檓 like 鈥楬ey, you can鈥檛 deny it anymore鈥 鈥 said Lydia, who did not want to use her last name out of a desire to protect her child, now 17.

The school鈥檚 principal, following guidance that allows students to decide whether to inform parents of their gender identity, refused to meet with her. But she found clues elsewhere 鈥 an alternate ID card with the name Toby stuffed in a backpack, and emails between district staff discussing which name to use in the yearbook.

Over time, she discovered her child鈥檚 transition was an open secret at school 鈥 one kept by staff, administrators, a district equity officer, the superintendent, even the president of the local teachers union.

鈥淭hey were strategizing against me,鈥 Lydia said.

Lydia鈥檚 child used the name Toby at school, a secret that teachers, administrators and even the union president kept quiet. (Courtesy of Lydia)

Her experience now lies at the center of a major push by the U.S. Department of Education to clamp down on policies that allow schools to conceal changes in students鈥 gender identity from parents.  

In a March press release announcing an investigation into , Education Secretary Linda McMahon said teachers and counselors should stay out of 鈥渃onsequential decisions鈥 about children鈥檚 sexual identities. Officials are probing similar allegations in and .

In an unprecedented move, the department is threatening to pull millions of dollars in federal education funding from all three states. 

But it鈥檚 putting all schools on notice. In , federal officials warned states and districts that their support of student 鈥済ender plans鈥 had become a 鈥減riority concern.鈥 For educators, the message was as stunning as its rationale. The department is relying on a novel, and according to some critics, incorrect, interpretation of a 50-year-old student privacy law known as the Family Educational Rights and Privacy Act, or FERPA.

The law is typically used to safeguard student records and allow parents to inspect them. But it doesn鈥檛 compel schools to inform parents how their children identify in the classroom. If schools link a record to a student, 鈥渢he parent has a right of access to it if they request it,鈥 said LeRoy Rooker, who oversaw compliance with FERPA at the Education Department for over 20 years. But 鈥渢he school doesn’t have to be proactive and call and say 鈥楬ey, we did this.鈥 鈥

Department leaders appear to be stretching the reach of the law in an attempt to bolster conservative arguments that schools are meddling in deeply personal decisions that should be left to parents. In response to the Washington investigation, state Superintendent Chris Reykdal said in a statement that his state is the 鈥渓atest target in the administration鈥檚 dangerous war against individuals who are transgender鈥 and that officials are twisting student privacy laws 鈥渢o undermine the health, safety and well-being of students.鈥 

To Julie Hamill, a Los Angeles-area attorney who to investigate, Lydia鈥檚 story demonstrates that a law designed to keep parents informed is now working against them.

鈥漈he parents are in the dark,鈥 said Hamill of the conservative California Justice Center. 鈥淧arents will not know student records are being withheld unless they鈥檝e somehow discovered it on their own.鈥

In tackling the role of schools in student gender transitions, the department is dipping into one of the more emotionally fraught issues in the culture war, one that President Donald Trump campaigned on and weaponized once he was back in the White House. 

In one of his first , Trump said, without evidence, that schools are 鈥渟teering students toward surgical and chemical mutilation.鈥 In March, who reversed their gendering processes. She criticized the 鈥渓engths schools would go to in order to hide this information from parents.鈥

鈥淭he parents are in the dark.鈥

Julie Hamill, California Justice Center

To many experts, the administration鈥檚 scrutiny is out of proportion to the scope of the issue. In the overwhelming majority of cases, schools and students are just navigating preferred names and pronouns, and even those situations are infrequent. Multiple estimate that about 3% of teens are transgender. Far fewer are likely to approach school officials with a request for a name or pronoun change, said Brian Dittmeier, the director of public policy at GLSEN, which advocates for LGBTQ students.

Loretta Whitson, executive director of the California Association of School Counselors, said it is 鈥渞are鈥 for school officials to discuss transitioning with students, and that her group鈥檚 members say the only gender plans they鈥檝e completed were done at the request of parents. 

At the same time, most Americans agree that schools should get parents鈥 permission before changing a child鈥檚 pronouns in school records. Polls in and found that roughly three-quarters of adults support mandatory parental notification.

Lydia鈥檚 youngest child was a ballet dancer from age 7 to 13 (Courtesy of Lydia)

鈥楾his is not real鈥

Lydia鈥檚 story exemplifies that loss of trust in the system.

The artist and former ballerina she thought of as her daughter began identifying as transgender upon entering Academy of the Canyons, a public high school in Santa Clarita, an upscale suburb of Los Angeles. Homeschooled since kindergarten, the teen wanted to pursue art and take advantage of options in their district. The school is located on a college campus where students can attend post-secondary classes while earning their high school diplomas.

鈥淚 thought it would be a good opportunity,鈥 Lydia said.

In the fall of 2021, while cleaning the ninth grader鈥檚 bedroom, Lydia flipped through some art journals. But instead of schoolwork, she found disturbing sketches of bloody body parts and notes about wanting a chest binder, top surgery and a new name. 

Lydia found notes in her child鈥檚 journal reflecting questions about gender identity. (Courtesy of Lydia)

鈥淪hocked and scared鈥 that her child might be suicidal, her thoughts turned immediately to a friend of her son鈥檚 who鈥檇 recently taken his own life, apparently without warning. 

鈥淣o suicide notes. No threats,鈥 she recalled. 鈥淭he ones that never use it as a weapon are the ones that follow through.鈥

She began searching for answers online. Initially, she only found sites about supporting a child鈥檚 transition  鈥 advice she rejected.

Unlike many parents in her shoes, she鈥檚 neither conservative nor religious. In fact, she quipped, an outsider might have assumed she was  鈥渢he poster mom for transitioning my kid.鈥

She described her own parents 鈥 a Black father and a Jewish mother 鈥 as 鈥渉ippie artists鈥 who raised her to be a 鈥渇ree thinker鈥 without religion. Lydia鈥檚 mother changed her name to Michael in the 1960s because it was easier to make it in the art world with a man鈥檚 name. A lifelong Democrat, Lydia voted against a ban on gay marriage when it was on the state ballot in 2008.

But when it came time to have kids of her own, she embraced more conservative values, wanting to 鈥減rotect their childhood.鈥

Speaking as a liberal, Lydia said, 鈥淚 really should have been like 鈥榊eah, sure, explore your transgenderism.鈥欌 But instead, she did the opposite, taking a hard line against the shift. 鈥淚 said 鈥 I love you, but I鈥檓 not affirming you. This is not real.鈥 鈥 

That view belies a that some children can identify differently as young as 3 or 4. Other research shows children can experience due to gender dysphoria 鈥 feeling that their sex was misassigned at birth 鈥 starting at age 7. 

鈥淚 love you, but I鈥檓 not affirming you.鈥

Lydia, California mom

In attempting to explain what was happening with her child, Lydia turned to a controversial theory of researcher Lisa Littman. In a , the former Brown University scientist described the rise in rapid onset gender dysphoria among  as a 鈥渃ontagion鈥 driven by peer pressure and social media.

鈥淚 did what every parent did during the pandemic 鈥 let their kid be online way too much,鈥 Lydia said. 

Littman鈥檚 research methods from her own university and the broader research community because she based her conclusions largely on reports from self-selecting parents recruited from online forums that were unsupportive, or at least skeptical, of gender transition. They included , which labels itself as 鈥渁 community of people who question the medicalization of gender-atypical youth.鈥 

Littman later published an amended of the paper, responding to the controversy and clarifying that the behavior she observed did not amount to a formal diagnosis. Her work, however, continues to drive trans-inclusive policies in school and the views of the Trump administration 鈥 and Lydia.

鈥淭here is no such thing as a trans child,鈥 Lydia said. 

鈥楢 lot of weight鈥

It is a debate where the voices of kids directly affected are often absent. J.J. Koechell, a Wisconsin 20-year-old, transitioned in sixth grade after a suicide attempt. He now advocates for other LGBTQ students he says are 鈥渆ntitled to some privacy and consent.鈥

鈥淭hey鈥檙e trying to figure things out and they don鈥檛 want to get it wrong. To disappoint parents is a lot of weight on a struggling youth.鈥

J.J. Koechell, 20, transitioned in middle school and now advocates for other LGBTQ students. (Courtesy of J.J. Koechell)

He watched the school district he attended, Kettle-Moraine, and 鈥渟afe spaces.鈥 In 2023, as the result of , leaders stopped allowing staff to refer to students by different names and pronouns without parents鈥 permission. Some staff members over the controversy, including a librarian Koechell trusted. Koechell dropped out and is now finishing high school online.

鈥淢y teachers were all I had at school. I didn鈥檛 have any friends,鈥 he said. 鈥淐oming out was a matter of life and death for me. My identity wasn鈥檛 and still isn鈥檛 optional.鈥 

Protecting students like Koechell is the purpose of a new California law 鈥 , also known as the 鈥淪AFETY Act.鈥 It prohibits schools from requiring staff to disclose a child鈥檚 gender identity to their parents. 

In announcing the Department of Education鈥檚 investigation of the state, Secretary McMahon said the law 鈥渁ppears to conflict with FERPA.鈥澛燘ut GLSEN鈥檚 Dittmeier highlighted that the legislation still requires schools to comply with the federal privacy law 鈥 and honor parents鈥 requests for records.聽

鈥淐oming out was a matter of life and death for me. My identity wasn鈥檛 and still isn鈥檛 optional.鈥

J.J. Koechell, trans student advocate

One department staffer is worried where the investigation could lead. 

鈥淭his is irregular, based on our history 鈥 to take up an allegation [with] no official complaint, but one that is motivated by an attorney group that is bending the department鈥檚 ear about something,鈥 said an employee familiar with the case who asked to speak anonymously to protect his job. He said the administration’s goal is to pressure states and districts into rescinding policies that allow students to decide when to go public with their gender identity. 鈥淭his will result in districts adopting forced outing and will result in harming children.鈥

鈥楲ife-altering decisions鈥

In , the was raging long before the current controversy. 

, police removed state Superintendent Tony Thurmond from a meeting in the Chino Valley Unified School District after a tense exchange with board members over the district鈥檚 parental notification policy. He warned the board that their policy could 鈥減ut our students at risk because they may not be in homes where they can be safe.鈥 The state later against the district as well as others that passed similar measures. 

Continuing its battle with Thurmond, Chino Valley is now the state over the SAFETY Act, saying that minors are 鈥渢oo young to make life-altering decisions鈥 without their parents. 

In June 2023, the Chino Valley school board passed a policy that required school staff to tell parents if their children ask to be identified by a gender that is not listed on their birth certificate. (David McNew/Getty Images)

National data show that of trans and nonbinary students say their home is gender-affirming. found that transgender adolescents assigned female at birth were more likely than other teens to report being psychologically traumatized by parents or other adults in the home. 

鈥淭here have been kids whose parents have physically abused them and kicked them out of the house when this information is disclosed,鈥 said Amelia Vance, president of the Public Interest Privacy Center and an expert on student privacy. 

Even before California passed the SAFETY Act, the state education agency and the urged schools to get students鈥 permission before informing parents about changes in their gender identity.  When officials at Hart Unified High School District refused to meet with Lydia, they cited a that protects trans students鈥 access to programs, sports and facilities that align with their gender identity. 

On the advice of an advocacy group, Lydia initially filed a public records request in search of a 鈥渟ecret social transition鈥 plan she believed Academy of the Canyons maintained. She also asked for communications between her child and teachers using the 鈥渘on-birth name.鈥

The district turned her down.

Contacted by The 74, Hart Unified spokeswoman Debbie Dunn declined to answer questions about the investigation or Lydia鈥檚 experience, but said officials would 鈥渃ontinue to follow the laws and procedures applicable to the district.鈥

In January 2023, Lydia spoke at a school board meeting about being shut out by the district. Her story caught the attention of Board Member Joe Messina, a conservative radio talk show host.

鈥淪he came up to the podium one night and she was crying,鈥 he said. 鈥淪he looked at the superintendent and said, 鈥業’ve reached out to you. You’ve not called me back鈥. She looked to the trustee who handles her area and she said, 鈥業’ve left you four messages. You’ve never called me back.鈥 鈥

 鈥淭here have been kids whose parents have physically abused them and kicked them out of the house when this information is disclosed.鈥

Amelia Vance, Public Interest Privacy Center

Messina and Lydia talked after the meeting, and he connected her with the Pacific Justice Institute, a right-leaning law firm.

He noted that the issue transcended their political differences. 鈥淟ydia’s a lifelong Democrat, and I’m an outspoken Republican,鈥 Messina said. 鈥淔or her and I to come together 鈥 the rest of the world would say, 鈥榃hat’s wrong with you people?鈥欌 

Even with advocates on her side, Lydia continued to face obstacles. For months, the Academy of the Canyons declined to release an autobiographical English essay written by her child under the name Toby.

The district finally turned it over on advice from their lawyers. The essay revealed the child鈥檚 trepidation about coming out to Lydia. The piece recounted a moment before the pandemic, when the student, then 11, broached the subject of being queer. Lydia said her child was first exposed to LGBTQ issues while participating in a homeschool theater group. 

鈥淭he weather was overcast, and we were driving home from theater rehearsal,鈥 the then-10th grader wrote. 鈥淥nce again summoning all my courage, I mentioned to her that one of my friends had confided in me about their attraction to girls, and that I too might be queer. Unfortunately, my mom’s immediate response was dismissive and critical.”

After 10th grade, Lydia took her child to Europe and said the student had to make a choice between transitioning or leaving public school. (Courtesy of Lydia)

As parent-child confrontations often go, Lydia remembers it differently. She said she treated the declaration as a teachable moment.

鈥淲e talked about what that word meant,鈥 she said, 鈥渁nd why I felt she had time as she grew up to really know what sexual orientation she would be.鈥

In a memo, the district鈥檚 lawyers also named the elephant in the room 鈥 that officials had been withholding the essay out of a desire to shield the child鈥檚 shifting gender identity.

鈥淚n general, parents have the statutory right to review a student鈥檚 classwork/homework,鈥 the memo stated. 鈥淭his issue becomes clouded 鈥 if the classwork could reveal a student鈥檚 gender identity/expression.鈥

Despite refusing to accept that her child was transgender, Lydia said she tried to stay connected. In 2023, they attended over a dozen concerts together, seeing Hozier, Bastille and Penelope Scott 鈥 experiences that Lydia called 鈥減art of the healing process.鈥 The two went on a long-promised trip to Europe, during which Lydia gave her child an ultimatum: stop identifying as a boy or go back to being homeschooled. That fall, the school agreed to honor Lydia鈥檚 wishes to cease social transitioning, but her child still resisted, asking teachers to continue using the name Toby.  

This time, the district let Lydia know. 

Lydia did not make her child available for an interview, saying 鈥渟he isn’t ready to tell her side of the story.鈥

Nearly two years later, she says her child, who graduated from high school last week, 鈥渨ants to put it all behind her.鈥 While the teen identifies as a girl, the changes have been subtle. There are days when she dresses in what her mom called 鈥渙versized, ugly boy shirts鈥 and others when she does her makeup and wears more feminine clothes. Recently, she switched back to her birth name on all of her social media accounts.

鈥淚 get a little choked up,鈥 Lydia said, 鈥渂ut that’s pretty huge.鈥 

Lydia, a California mother, found out that her child鈥檚 school was supporting her teen鈥檚 social transition. She filed open records requests to obtain emails between staff over the student鈥檚 preferred name. (Courtesy of Lydia)

PROTECT Kids

The story might have ended there, but Lydia鈥檚 two-minute plea to the Hart school board, across social media, reached other parent rights advocates just as Trump renewed his campaign for the White House. When the president took office, Hamill, with the California Justice Center, seized the opportunity to file a complaint with an administration guided by , the right-wing Heritage Foundation鈥檚 blueprint for the president鈥檚 second term.

Requiring schools to notify parents if a student changes their gender identity, which already do, is one of the tenets of the plan. Heritage expert Lindsey Burke, who joined the department Friday, also wants Congress to give FERPA more teeth by allowing parents to sue under the law. Currently, parents can only file a grievance with their state or the Education Department鈥檚 privacy office 鈥 for years. 

Privacy laws 鈥渁re a core part of [the administration鈥檚] arguments for how parental rights need to be respected and strengthened,鈥 said Vance, the privacy expert. But the potential for lawsuits under FERPA, she added 鈥渨ould be extremely messy and expensive for schools.鈥 

In April, the House education committee advanced a bill 鈥  the 鈥 that would require elementary and middle schools to secure parental consent before students change their pronouns or preferred names or use different bathrooms or locker rooms. 

The committee debate demonstrated the deep divisions over gender identity and how schools should accommodate LGBTQ students. Rep. Mark Takano, a California Democrat who is gay, offered a personal story.

鈥淲hen I came out to my parents, it was at a time, place and manner of my own choosing,鈥 he said. 鈥淚 would not have wanted anyone else to make that decision for me.鈥

To Hamill, gender transition is much more than 鈥渃oming out鈥 because it can lead to physical changes that later regret. Research shows that figure is , a fraction of those who undergo surgery. Even so, she said California鈥檚 policies add up to an elaborate 鈥渃oncealment scheme鈥 that pits children against their parents. 

鈥淚f you suspect the parents are abusive and they’re going to harm the child, you have to report that to [child protective services],鈥 she said. 鈥淏ut the government cannot by default assume that every parent is harmful and is going to reject and hurt their children.鈥

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