The U.S. Department of Education (DOE) has opened an investigation into California’s Department of Education (CDE) over a 2024 law prohibiting the forced outing of trans students to their parents. The law also faces legal challenges from middle school teachers in San Diego County.

Last July, the California state legislature passed Assembly Bill 1955 (aka. the SAFETY Act). It prohibits school districts from enforcing policies that require employees or contractors to disclose a student’s sexual orientation or gender identity without their expressed consent.

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The DOE claims the law violates the Family Educational Rights and Privacy Act (FERPA); that claim has become the probable cause for their investigation. The DOE’s investigation of CDE remains ongoing.

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“The agency launched today’s investigation to vigorously protect parents’ rights and ensure that students do not fall victim to a radical transgender ideology that often leads to family alienation and irreversible medical interventions,” Secretary of Education Linda McMahon said in her statement.

A.B. 1955 is also facing contention within its district courts. On April 27, 2023, two middle school teachers, Elizabeth Mirabelli and Lori Ann West, filed a lawsuit against the Escondido Union School District and the California State Board of Education in the U.S. District Court for Southern California.

The lawsuit originally targeted California’s Assembly Bill 1266 (aka. the School Success and Opportunity Act), a law that enshrines inclusive educational policies for transgender students. Unlike A.B. 1955, it didn’t prohibit schools from outing students without their consent.

A.B. 1266 became the basis for the plaintiffs’ argument in Mirabelli v. Olson. Plaintiffs claimed that the frequently asked questions (FAQ) section of the CDE’s website falsely implied that A.B. 1266 forbade the outing of trans students. The CDE has attempted to have the case thrown out, arguing that the CDE’s webpage was later updated that to accurately reflect the anti-outing provisions of A.B. 1955.

Last Friday, U.S. District Judge Roger Benitez, a George W. Bush appointee, denied the CDE’s motion to dismiss the case.

“The new webpage … does not say that the new policy permits a teacher to voluntarily disclose gender information to a parent.” Benitez wrote in his order denying the motion to dismiss the case. He said that if the state decided not to enforce its anti-outing policy, the case against it would be moot. Instead, Benitez says the anti-outing law has a “chilling effect” on “plaintiffs’ constitutional rights.”

Though there haven’t been any developments in the DOE investigation towards the alleged FERPA violation, McMahon recently announced that the DOE’s recently launched Title IX Special Investigation Team would also investigate the CDE for allowing trans students to participate in sports.

Repealing A.B. 1955 not only affects educators, with a recent news story of a teacher in Florida fired for using a student’s preferred pronouns being an example, but also poses a greater threat to students. 

According to The Trevor Project, 28% of LGBTQ+ youth report experience homelessness, with 40% reporting that they were kicked out or abandoned by a parent or guardian due to their LGBTQ+ identity. The National Network for Youth reports similar findings, with 40% of LGBTQ+ youth experiencing homelessness, and familial conflict being the primary cause.

State Superintendent Tony Thurmond has pledged to fight the DOE investigation and assured the public that the CDE will remain committed to protecting trans youth.

“Our students must be safe in order to learn,” he said in a statement. “I have heard from so many students and families whose safety has been impacted by forced outing policies. To our LGBTQ+ youth and families, I want to make sure that you hear us as loudly as we hear you: You are heard, you are protected, and you are loved.”

If this story affected you, just know you are not alone. The Trans Lifeline Hotline offers support to trans/nonbinary people struggling with mental health from 10 A.M. to 6 P.M. PST Monday – Friday. Call (877) 565-8860 to be connected to a trans/nonbinary peer operator and receive full anonymity and confidentiality.

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