The Trump administration's Justice Department has issued a seven-day ultimatum to the Anne Arundel County Public Schools in Maryland, demanding the district reverse its policy of withholding information about students' gender transitions from parents. Assistant Attorney General Harmeet Dhillon stated in a letter dated July 29 that the district's practice of not disclosing gender identity information, except when legally mandated, potentially violates the Family Educational Rights and Privacy Act (FERPA).
In the letter, Dhillon asserted that the school system's policy appears to be a "blanket, district-wide practice of nondisclosure" that is not aligned with FERPA's exceptions. She argued that parents have been denied access to their children's full educational records, information has been shared without parental consent, and parents have been prevented from correcting inaccuracies in their child's record. Dhillon warned the district, "Comply with the law or face us in court."
This action is part of a broader effort by the administration to challenge school policies that permit students to socially transition without parental knowledge, testing the interpretation of federal education privacy law. The Anne Arundel County school system could face litigation and the potential forfeiture of federal funding if it does not alter its policy within the stipulated week. This dispute highlights a national debate over parental rights in education.
The Justice Department and the Department of Education had previously announced a joint effort to address transgender nondisclosure policies in both Anne Arundel County and Ann Arbor Public Schools in Michigan. This collaboration aims to penalize districts that do not comply, potentially by withholding federal funds.
According to a press release from the agencies, the Department of Education received complaints from parents in Anne Arundel County who alleged the district was "secretly helping their daughter pretend to be male at school" and refused to provide information when confronted. The current district policy allows students to use any name or pronoun without parental approval, even if it differs from their sex. Staff are instructed to involve families in student support plans unless there's a "genuine safety concern for the student's physical, emotional, or mental health safety." Records pertaining to a student's gender identity are designated as confidential medical information and are to be disclosed only when legally necessary.
Dhillon emphasized the department's stance, stating, "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." The Justice Department intends to initiate enforcement proceedings against non-compliant districts in partnership with the Department of Education. The ultimatum requires Anne Arundel Public Schools to rescind its policy, inform affected parents of relevant records, and notify staff that withholding information is prohibited. Failure to comply by the deadline could lead to legal action.