Education Transparency Gets Teeth

Education Secretary: “Responsibility of Raising Children Belongs to Parents, not to the Government”

The Department of Education released a document reminding educators of the fundamental right of parents to protect their children. In a letter, Education Secretary Linda McMahon accused some states and school districts of inverting parental rights. Parents have a right under the Family Educational Rights and Privacy Act (FERPA) to access information about their children’s education. However, many states have created a complex process that keeps parents from accessing student records. According to McMahon, the Biden administration seemingly did nothing to address the backlog of FERPA complaints, allowing states to withhold information from parents. For example, some schools create a separate “Gender Plan” for students that is not part of the “official” student record. Consequently, some schools deny parents access to this information. The Education Department clarified that parents have a right to access “all information . . . directly related to a student and maintained by an educational agency or institution” including “Gender Plans.” The Department also reminded local educational agencies of their duty to inform parents of their rights under FERPA. “Going forward,” said McMahon, “the Department of Education will insist that schools apply FERPA correctly to uphold, not thwart, parents’ rights.” 

AACS Legislative Office

AACS Legislative Office

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