11. Department of Education · Minor
State that FERPA gives parents full access to education records
Printed page 334 11. Department of Education
“The Secretary should make it clear that FERPA allows parents full access to their children's educational records, so any practice of paperwork obfuscation on this front violates federal law.”
What has happened
- Done
The position has been enforced, not merely stated: SPPO found three Kansas districts in violation in April 2026, entered a resolution agreement with Topeka Public Schools requiring it to open gender support plans to parents and rescind contrary guidance, and referred Olathe and Shawnee Mission to DOJ's Civil Rights Division under the June 2026 ED-DOJ student privacy partnership.
- Done
The Secretary of Education issued a cover letter over a Student Privacy Policy Office Dear Colleague Letter to chief state school officers and superintendents, stating that "by natural right and moral authority, parents are the primary protectors of their children" and that the Department "will insist that schools apply FERPA correctly to uphold, not thwart, parents' rights". The letter makes the specific point the Quote asks for: all information directly related to a student, gender support plans included, is part of the education record parents may inspect and review, and treating such plans as outside FERPA does not work. It set SPPO priority concerns and required every state education agency to certify compliance by 2025-04-30.
Research log
What was searched, and what didn’t count as evidence
Research notes
- A FERPA rulemaking is also on the 2026 Unified Agenda at Proposed Rule Stage (RIN 1875-AA15, ED/OPEPD), together with a Protection of Pupil Rights Amendment entry (RIN 1875-AA13). Neither is needed for this ask, which asks the Secretary to say what the statute means.
- ED–DOJ joint letter of 2026-10-05: no event (reviewed 2026-10-12). The release (https://www.justice.gov/opa/pr/us-department-education-and-us-department-justice-reaffirm-parents-are-not-terrorists-and) describes the letter as saying that under FERPA and PPRA parents “have the right to know”. The letter itself, signed by Secretary McMahon and AAG Dhillon and opened in review, is about PPRA: it says mental health screenings need prior written parental consent and opt-outs are not enough. On FERPA it only points states to SPPO’s August 2026 letter and annual notices. It does not state the records-access right, so it is not an event at the same Status. The LAUSD “enforcement action” (policies keeping a student’s gender identity confidential from parents) is announced in the release only; no finding, referral or complaint is linked, so its form is unknown. The item is done either way.
- Action
- issue
- Object
- Family Educational Rights and Privacy Act (FERPA) guidance
- ID
- 842