ANN ARBOR, MICHIGAN — The U.S. Department of Education has warned Ann Arbor Public Schools that its policy protecting transgender students’ privacy may violate federal law governing parents’ access to educational records.
The department’s Student Privacy Policy Office determined that the district’s policy likely conflicts with the Family Educational Rights and Privacy Act. Ann Arbor has until Aug. 10 to explain why the Education and Justice departments should not begin enforcement proceedings, which could ultimately threaten federal funding.
The district directs employees not to disclose information revealing a student’s transgender status, including to parents, unless disclosure is legally required or authorized by the student. It also requires personally identifiable and medical information involving transgender students to remain confidential.
Federal officials argue that records involving a student’s gender identity must be available to parents under FERPA. However, education-law specialists say the statute clearly provides access to written records but does not necessarily require schools to proactively inform parents when students use different names or pronouns.
Supporters of Ann Arbor’s policy warn that mandatory disclosure could endanger students whose families are unsupportive. The Trump administration maintains that parents cannot legally be excluded from decisions involving their children.
The district had not publicly responded to the federal warning. It is already facing a separate Title IX investigation involving transgender students’ participation in athletics and access to school facilities.
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