Education Department takes FERPA action against two school districts

The U.S. Department of Education announced July 27 that it is taking different actions against two school districts over parent access to student records involving gender identity.

Anne Arundel County Public Schools in Maryland faces a federal enforcement action after the department said it substantially failed to comply with the Family Educational Rights and Privacy Act, or FERPA. Ann Arbor Public Schools in Michigan received a warning and has until August 10, 2026, to explain why further enforcement should not proceed.

Different stages for the two districts

The department says Anne Arundel improperly treated information about a student’s gender identity as confidential medical information that could not be shared with parents. Federal officials said the Education Department’s Student Privacy Policy Office is coordinating with the Justice Department’s Civil Rights Division on possible judicial proceedings.

The department has not said that Anne Arundel has already lost federal funding. Instead, federal officials described possible consequences that could include legal proceedings and the loss or termination of federal education funds if the district does not comply with FERPA.

For Ann Arbor, the department says district policy requires employees to hide a child’s transgender status from parents and directs officials to keep related records in a separate filing system. The district’s August 10 deadline is an opportunity to respond, not a final enforcement decision or funding sanction.

What FERPA requires

FERPA generally gives parents the right to inspect and review their children’s education records. Under the federal regulations, schools must respond to a request within a reasonable period and no later than 45 days after receiving it.

The regulations define education records as records directly related to a student and maintained by a school or by someone acting for the school. That definition does not mean every conversation or communication involving a student’s gender identity must automatically be disclosed. The current dispute centers on the department’s position that certain records concerning gender identity or related school practices fall within the parent-access rights protected by FERPA.

Why the Justice Department is involved

The Education Department says it is working with the Justice Department because the alleged violations could lead beyond an administrative dispute. Federal officials described potential judicial proceedings and funding consequences, but the July 27 announcement did not establish that either district had received a final sanction.

The action follows a July 10 federal lawsuit involving Anne Arundel schools. WTOP reported that parents accused school staff of using a student’s requested name and pronouns without notifying them and challenged district policies involving gender identity. That lawsuit is separate from the Education Department’s FERPA enforcement process.

What remains unresolved

Several questions remain open: how the districts will respond, whether the department will issue formal findings or move toward litigation, and whether courts will review the federal government’s interpretation of FERPA in this context.

Ann Arbor’s response deadline on August 10 is the next immediate date to watch. The outcome could influence how school districts across the country classify, retain and provide access to student records, but any broader national effect will depend on future federal decisions and possible court challenges.

Sources

• U.S. Department of Education, July 27 enforcement announcement
• Education Department FERPA regulations
• WTOP report on Anne Arundel lawsuit