Summary
The U.S. Department of Education (ED) and U.S. Department of Justice (DOJ) have sent a joint letter to all state Attorneys General outlining federal protections for parents under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
The agencies also announced a new enforcement action against the Los Angeles Unified School District (LAUSD), alleging that certain district policies violate federal requirements by directing employees to keep some information about students confidential from parents.
The announcement was made on Oct. 5, 2026, alongside the release of a DOJ report examining a 2021 memorandum concerning investigations of threats against school officials.
Key details
| Detail | Information |
|---|---|
| Agencies | U.S. Department of Education and U.S. Department of Justice |
| Action | Joint letter to state Attorneys General |
| Laws cited | FERPA and PPRA |
| School district involved | Los Angeles Unified School District |
| Federal enforcement focus | Parental rights and student information |
| Announcement date | Oct. 5, 2026 |
| DOJ component | Civil Rights Division |
| Education Department component | Student Privacy Policy Office |
DOJ and Education Department cite FERPA and PPRA
The joint letter focuses on two federal laws governing student privacy and parental rights.
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FERPA protects the privacy of student education records. The DOJ said the law also gives parents rights to access their children’s education records, request amendments to those records, and exercise control over the disclosure of personally identifiable information.
PPRA requires schools to provide notification and obtain written parental consent in certain circumstances involving surveys, analyses, or evaluations that ask students about sensitive subjects.
The DOJ said these subjects can include sexual behavior and attitudes, religious beliefs, and mental or psychological problems.
The agencies said the statutory requirements were further addressed in Dear Colleague Letters issued by the Department’s Student Privacy Policy Office in March 2025 and August 2026.
Federal action targets LAUSD policies
ED and DOJ announced an enforcement action against LAUSD concerning policies that the agencies say violate FERPA and PPRA.
According to the DOJ, the policies instruct district employees to privately ask students how they want to be referred to when communicating with parents or legal guardians.
The agencies also cited provisions directing employees to keep a student’s self-professed gender identity private or confidential, including from parents. The DOJ characterized these provisions as parental secrecy policies.
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The federal agencies’ action is focused on whether these policies comply with the requirements of federal law.
Agencies ask state Attorneys General to work with them
The joint letter was sent to Attorneys General across the states as part of the departments’ broader effort to coordinate enforcement of parental and civil rights laws.
The DOJ said the departments began working together in June 2026 to provide more coordinated enforcement, with the stated goal of continuing investigations while reducing administrative delays.
Education Secretary Linda McMahon said the Department of Education intends to enforce FERPA and PPRA and work with DOJ on cases involving alleged violations.
Assistant Attorney General for Civil Rights Harmeet K. Dhillon similarly said the Civil Rights Division would continue working with the Education Department to enforce federal protections for parents.
DOJ raises questions about 2021 school board memorandum
The announcement also revisited a 2021 memorandum concerning threats against school board members and school personnel.
The DOJ said the memorandum followed communications between the Biden White House and the National School Boards Association and described the department’s current position that the prior approach improperly affected parents who participated in school board activities.
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These statements are part of the Trump administration’s characterization of the previous administration’s actions. The DOJ separately released a Weaponization Working Group report on Oct. 5 examining how the 2021 memorandum was developed.
The DOJ release also cited several investigations involving parents during the Biden administration, including cases involving a parent affiliated with Moms for Liberty and another parent who opposed mask mandates. The department presented these examples as part of its broader criticism of the earlier approach.
What FERPA and PPRA cover
The two laws address different aspects of student privacy and parental involvement.
FERPA
FERPA generally addresses:
- Access to children’s education records
- Requests to amend education records
- Parental control over disclosure of personally identifiable information
- Privacy protections for student education records
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PPRA
PPRA includes requirements relating to:
- Notification to parents
- Written parental consent in specified circumstances
- Surveys and evaluations involving sensitive information
- Questions concerning areas such as sexual behavior, religious beliefs, and mental or psychological problems
Federal agencies expand coordinated enforcement
The Education Department and DOJ said their coordinated enforcement effort is intended to make investigations more responsive and reduce administrative barriers.
The departments said the partnership covers parental and civil rights laws and is intended to allow investigations to continue while enforcement processes are streamlined.
The LAUSD action represents one of the specific enforcement matters announced alongside the joint letter.
To read the original order please visit DOJ (Department of Justice) website