The U.S. Education Department has threatened to withdraw federal funds from two public school systems in separate actions tied to their policies on transgender students, the department announced on July 27. The move targets Anne Arundel County Public Schools in Maryland and Ann Arbor Public Schools in Michigan and centers on potential breaches of the Family Educational Rights and Privacy Act - commonly known as FERPA.
In its announcement, the Education Department said Anne Arundel County Public Schools classified information about a student's gender identity as "confidential medical information" not to be shared with parents. The department characterized that classification as a likely violation of FERPA.
Separately, the department said Ann Arbor Public Schools likely violated the same law by way of a policy it alleges requires "school employees to hide a child’s transgender status from his or her parents." The Education Department gave Ann Arbor until Aug. 10 to explain why the department should not pursue similar enforcement measures against that district.
The department also indicated it would proceed with enforcement action against Anne Arundel. Under FERPA, the department said, violations can lead to the termination of federal funding. FERPA is the primary federal statute that governs student education records and restricts unauthorized disclosure of personal information contained in those records.
Anne Arundel County Public Schools responded in a statement cited by a local NBC affiliate, saying it learned of the Education Department's assertions through the department's public statement and that it had not received formal correspondence, notice or supporting documents. The district said, "Once such information is received, AACPS and its legal counsel will carefully review it and respond through the appropriate process." Ann Arbor Public Schools did not immediately comment.
The actions are the latest example of attempts by the administration of President Donald Trump to press schools and other educational institutions over transgender-related policies. The administration has in recent months sought to withhold federal funds from schools for a range of policy disputes, citing issues including transgender policies, climate initiatives, pro-Palestinian demonstrations related to the war in Gaza and diversity programs.
Civil rights organizations have criticized such moves, arguing that they infringe on academic freedom, free speech and due process rights. The Education Department's statements following its determinations made clear that enforcement under FERPA remains the mechanism available to the department when it alleges unauthorized disclosures of student information.
Next steps: The Education Department will pursue enforcement action against Anne Arundel and has set an Aug. 10 deadline for Ann Arbor to provide reasons why similar action should not be taken. The department has warned that confirmed FERPA violations can result in the termination of federal education funding.