Dear County and District Superintendents and Charter School Administrators:

Update on FERPA and Title IX Federal Communications

We have learned that some local educational agencies (LEAs) in California received a letter dated September 30, 2025, from the U.S. Department of Education Student Privacy Policy Office that suggests that the LEAs may be violating the Family Educational Rights and Privacy Act (FERPA) by complying with Assembly Bill 1955 (California Education Code sections 220.1, .3, and .5) and requesting a response from the LEAs.

We have also learned that some LEAs received a letter dated September 30, 2025, from the U.S. Department of Education Office of Civil Rights that suggests that the LEAs are violating Title IX by complying with California Education Code Section 221.5(f) and requesting a response from the LEAs.

As we have noted in prior communications on the issue of FERPA and AB 1955, it is important to note that 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 both permit parental access to their student’s education records upon request.

As you consider your responses, we would like to remind you of recent communications from the California Department of Education (CDE) on these issues, which are available on the CDE Responses to 2025 Federal Actions & Communications web page at https://www.cde.ca.gov/nr/fa/.

Prior communications related to FERPA and AB 1955 include:

April 1, 2025: Facts to Consider Regarding FERPA and AB 1955

April 11, 2025: Further Update Regarding FERPA and AB 1955 and Letter to Frank E. Miller, Jr., Acting Director, Student Privacy Policy Office, U.S. Department of Education

April 24, 2025: Third Update Regarding FERPA and Letter sent via email to Frank E. Miller, Jr.

On the issue of Title IX and California Education Code Section 221.5(f), Title IX and its regulations do not require the exclusion of transgender girls from girls sports or facilities, which means that there is no conflict between Title IX and California Education Code Section 221.5(f). Prior communications related to this issue include:

June 9, 2025: Response to U.S. Department of Justice Regarding California Laws Governing Athletic Competition

We recognize that the frequency and volume of federal actions related to education are disruptive to our schools and to our students’ learning. Again, we want to applaud all educators and school staff for their focus on moving the needle for student achievement as well as for everything you do to support our students, families, and school communities.

We will continue to keep the field apprised of the CDE responses to federal action. As mentioned, the CDE’s 2025 responses to federal actions are maintained on the CDE Responses to 2025 Federal Actions & Communications web page at https://www.cde.ca.gov/nr/fa/.

Sincerely,

David Schapira
Chief Deputy Superintendent

Chief of Staff
Ingrid Roberson
Chief Deputy Superintendent