Dear County and District Superintendents and Charter School Administrators:

Facts to Consider Regarding FERPA and AB 1955

On March 27, 2025, the California Department of Education (CDE) received a letter from the United States Department of Education (ED) Student Privacy Policy Office informing us of an investigation regarding compliance with the Family Educational Rights and Privacy Act (FERPA) in relation to California Assembly Bill (AB) 1955. On March 28, 2025, ED sent an additional communication to all Chief State Schools Officers and all Superintendents of Local Educational Agencies (LEAs) regarding obligations under FERPA.

CDE will respond to these communications on behalf of the California TK-12 public education system as requested by ED. In the meantime, there is an important set of facts that we want to make sure all LEAs are aware of regarding AB 1955 and FERPA.

AB 1955 does not mandate nondisclosure. AB 1955 prohibits LEAs from mandating that staff disclose a student’s sexual orientation, gender identity, or gender expression to another person without student consent, unless otherwise required by state or federal law. AB 1955 does not prohibit LEA staff from sharing any information with parents. Based on the plain language of both laws, there is no conflict between AB 1955 and FERPA, which permits parental access to their student’s education records upon request.

Thank you for your hard work on behalf of all students in the State of California. As we at CDE continue to focus on moving the needle for student achievement, I commend all California educators and school staff who are maintaining a local focus on the all-important task of serving our students.

If your LEA or school community is experiencing any interruption of services or impact on educational resources as a result of federal action, please reach out to the relevant program office at the CDE. Our team is here to support you.

Sincerely,

Tony Thurmond
State Superintendent of Public Instruction