The U.S. Department of Education's Student Privacy Policy Office issued a Dear Colleague Letter on August 26 reminding state and local education agencies of their obligations under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
According to the statement, agencies receiving federal funding must comply with these laws or risk the loss of federal funding. The guidance comes as students begin a new school year.
The Department addressed concerns regarding schools withholding information from parents. Reported issues include maintaining separate records related to a student's gender to keep them hidden from parents and using "Parental Secrecy Policies" to hide records regarding gender transition.
SPPO Director Frank Miller stated that the Department is committed to ensuring parents have the authority and information needed to make decisions for their children. Miller noted that schools continue to adopt policies that shut parents out of their children's lives at school.
The guidance clarified requirements for surveys and evaluations under the PPRA. Schools must obtain written parental consent before requiring students to participate in surveys or analyses involving sensitive information, such as political beliefs, mental health, or sex behavior.
The Department clarified that surveys administered by school officials are considered required, and an opt-out policy is insufficient to secure proper parental consent. Furthermore, the letter highlighted that schools are not effectively notifying parents of their rights to review curriculum and educational records.
The Department has launched statewide investigations to hold districts accountable for reported illegal activity. This includes a previous finding against the California Department of Education regarding violations of FERPA.
In June 2026, the Department partnered with the DOJ to coordinate the enforcement of parental and civil rights laws. Violations of FERPA or PPRA can result in the termination of an institution's federal funding.
