On Feb. 11, 2026, California Attorney General Rob Bonta filed a lawsuit and request for a temporary restraining order challenging the U.S. Department of Education’s (U.S. ED)’s findings that the California Department of Education (CDE) “facilitated and promoted the adoption of policies and practices that violate” the Family Educational Rights and Privacy Act (FERPA).   

On March 28, 2025, U.S. ED opened an investigation into whether schools in California are violating FERPA — a law which grants parents the right to request and review their children’s education records— and whether CDE facilitated and promoted the adoption of policies and practices that violate FERPA. On Jan. 28, 2026, U.S. ED sent CDE a letter of findings alleging certain CDE policies and practices place pressure on schools to enact policies that do not comply with FERPA. U.S. ED alleges that multiple local school policies and practices are intended to obscure students’ records from their parents, including information about students’ gender identity, preferred name, and pronouns. The findings letter demands multiple “corrective actions” to achieve FERPA compliance, including requiring CDE to allow school districts to enforce FERPA in a manner that promotes affirmatively notifying parents of changes to a children’s gender identity. 

In the lawsuit, Attorney General Bonta argues that California is in substantial compliance with FERPA, and that U.S. ED’s findings are an unconstitutional attempt to impose new conditions on $ 4.9 billion in federal education funding. 

On Feb. 12, 2026, the court granted a temporary restraining order prohibiting the Department of Education from withholding the education funding. On February 17, 2026, the court extended the temporary restraining order.  

This is a flagrant attempt by the U.S. Department of Education to intimidate the California Department of Education and California’s local education agencies under the guise of enforcing FERPA. The Trump Administration has produced no evidence that CDE is out of substantial compliance with FERPA, or even a single instance where a school has failed to honor a parent’s request for student records. We will not stand by as U.S. ED uses baseless claims to attack crucial education funding. We will continue to fight to protect California’s schools and students from unfair attacks and work to ensure a discrimination-free educational environment for all students.Attorney General Rob Bonta