The U.S. Department of Education has launched an investigation of the California Department of Education over alleged violations of the Family Educational Rights Privacy Act (FERPA). FERPA ensures parents have the right to access their children’s educational data. The Education Department believes a California law prohibiting schools from requiring personnel to disclose a child’s gender identity to a parent could violate the act.
“Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one,” Education Secretary Linda McMahon said in a statement. “It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student’s well-being from parents and guardians.”
On Thursday, McMahon allegedly sent a warning to California Gov. Gavin Newsom to comply with federal law barring transgender athletes from competing in women’s sports. The warning seemed to stem from the governor’s comments in the debut episode of his podcast in which he interviewed Turning Point USA founder and CEO Charlie Kirk.
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In a viral clip of the nearly-hour-and-a-half-long episode, Newsom concedes to Kirk that it is “deeply unfair” to have biological males compete against female athletes. However, he would not condemn a trans athlete in his own state who crushed female track competitors in the long jump.
“Allowing participation in sex-separated activities based on ‘gender identity’ places schools at risk of Title IX violations and loss of federal funding. As Governor, you have a duty to inform California school districts of this risk,” McMahon wrote in the warning.
“As Secretary of Education, I am officially asking you to inform this Department whether you will remind schools in California to comply with federal law by protecting sex-separated spaces and activities. I am also officially asking you to publicly assure parents that California teachers will not facilitate the fantasy of ‘gender transitions’ for their children.”
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Kirk shared the letter on X and praised the secretary for “holding [Newsom] and the state of California accountable.”
TPUSA contributor Riley Gaines, who famously competed against transgender swimmer Lia Thomas, praised McMahon for issuing the warning. Gaines challenged Newsom to take action saying, “Time to put your money where your mouth is.”
On Feb. 5, President Donald Trump issued an executive order barring trans athletes from competing in women’s sports.
“In recent years, many educational institutions and athletic associations have allowed men to compete in women’s sports. This is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports,” the order reads.
This followed an executive order that Trump signed on his first day in office, which made it federal policy that the government only recognizes two genders. This was a major shift from the Biden administration, which was open about its pro-trans stance, and even had former President Joe Biden sit down for an interview with trans influencer Dylan Mulvaney.
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