USDA threatens Calif. education funding over transgender-privacy law

The U.S. Department of Agriculture has warned California that it could lose federal funding for research and education programs due to a state law that limits parental access to student records related to gender identity. The USDA news release specifically referred to it as “Programs to Implement Radical Transgender Ideology, Violating Parental Rights.”

In a letter to Gov. Gavin Newsom, Agriculture Secretary Brooke Rollins announced a formal review of California’s compliance with federal law, citing potential violations of the Family Educational Rights and Privacy Act.

At the center of the controversy is California Assembly Bill 1955, which took effect on January 1, 2025. The law prohibits school personnel from disclosing information about a student’s gender identity to parents without the student’s consent.

The USDA has pledged to support an ongoing U.S. Department of Education investigation into the California Department of Education, arguing that the law directly conflicts with FERPA. The federal privacy law grants parents the right to access their child’s educational records, request corrections, and control the disclosure of personally identifiable information.

“State laws do not override federal laws, and educational entities receiving federal funding are subject to FERPA and its implementing regulations,” Rollins wrote in the letter. The USDA’s review could result in funding cuts if California is found to be in violation of federal law.

Supporters of the law argue that it protects the privacy and safety of transgender and nonbinary students, ensuring that they are not forced to disclose sensitive information in unsupportive home environments.

However, critics — including some federal officials — contend that restricting parental access to student records undermines parental rights and could lead to family alienation or irreversible medical interventions made without parental involvement.

The USDA’s involvement marks an escalation in the ongoing battle between the Biden administration and Republican-led efforts to challenge gender identity policies in schools. The outcome of this review could set a major precedent for how states navigate federal regulations on education and parental rights.