The Justice Department has given a Maryland school district seven days to reverse a policy that keeps information about student gender transitions from parents, warning that the district faces litigation and the loss of federal funding if it refuses. Assistant Attorney General Harmeet Dhillon made the demand in a letter to Anne Arundel County Public Schools on July 29, saying the district’s practice violates the Family Educational Rights and Privacy Act, or FERPA.
Dhillon wrote that Anne Arundel appeared to have adopted a blanket, district-wide practice of nondisclosure untethered to exceptions under the federal education privacy law. She said parents were denied access to their children’s full records, information was disclosed without parental consent, and parents were denied a hearing to correct the record. In a post on X, she framed the choice facing the district in stark terms: «Comply with the law or face us in court.»
The ultimatum is the latest federal move against school policies that allow students to socially transition at school without their parents’ knowledge. The Justice Department and the Education Department had already announced a joint effort to crack down on transgender nondisclosure policies in Anne Arundel County and in Ann Arbor Public Schools in Michigan, including the possible withholding of federal funds from districts that do not change course. In a press release announcing the partnership, the agencies said the Education Department had received complaints from parents in Anne Arundel County who alleged the district was secretly helping their daughter present as male at school and refused to share information when confronted.
Under the district’s current policy, students may use any name or pronoun they prefer, even if it does not align with their sex, without requiring parental approval. Staff members are instructed to involve the student’s family in developing a support plan unless there is a genuine safety concern for the student’s physical, emotional, or mental health. The policy also designates records about a student’s gender identity as confidential medical information and says such information should be revealed when legally necessary.
Federal officials argue that FERPA gives parents a legal right to access their children’s educational records and that gender-identity information falls within those records. The Justice Department has previously used the law in attempts to overturn similar policies in Maine and California. The dispute reflects a broader national fight over parental rights and transgender students. LGBT advocates argue that nondisclosure can protect children growing up in non-affirming or abusive households, while social conservatives say schools have no right to conceal information about a child from their parents.
Dhillon’s letter gives Anne Arundel seven days to rescind its policy, provide affected parents with the relevant records, and inform staff that they cannot withhold information from parents. If the deadline passes, the letter says the district could face legal action. The district, which had not responded to requests for comment, is now at the center of a case that could help define how federal education privacy law applies to gender identity in schools.
