Virginia schools face federal scrutiny over parental rights laws

The U.S. Department of Education is putting Virginia schools on notice, warning they could lose federal funding and face further investigation if they fail to comply with parental rights laws.

On Friday, the department directed Virginia and other states to submit documentation proving compliance with the Family Educational Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA), specifically regarding key “priority concerns” by April 30.

These concerns include parental rights to inspect and review education records, student safety, annual notification of rights, military recruiter access, and overall compliance. 

The directive follows reports that state educational agencies and school divisions are hiding critical information from parents, such as details about a child’s gender transition, or their mental and physical wellbeing.

The Virginia Department of Education said in a statement that it will continue to review all guidance and correspondence from USED to ensure complete compliance.

“Governor Youngkin’s first and second executive orders reiterated and emphasized parents’ rights and directed the removal of inherently divisive concepts from department materials,” the statement said.

“The Department opened its first Office of Parental Engagement in the Fall of 2023 and we maintain multiple model policies which center the rights of parents, including the Model Policies on Privacy, Dignity and Respect for All Students, and the Model Polices on Sexually Explicit-Materials, which allows for parental review of course materials and for accommodations to be made if the parent objects under the law.”

Meanwhile, U.S. Secretary of Education Linda McMahon directed the SPPO to investigate California and Maine for similar violations, accusing the states of enacting policies that prevent parents from accessing records related to their child’s gender transition.

The federal agency emphasized that laws like FERPA and PPRA override state policies.

“Parents are the most natural protectors of their children. Yet many states and school districts have enacted policies that imply students need protection from their parents,” McMahon said in a March 28 statement.

The department is accusing states and school districts of turning “the concept of privacy on its head” by prioritizing government officials’ concerns over those of parents and families. McMahon noted that moving forward, the correct application of FERPA will be to “empower all parents to protect their children from the radical ideologies that have taken over many schools.” 

In Virginia, Gov. Glenn Youngkin has consistently made parental rights a cornerstone of his administration. Along with his Republican colleagues, Youngkin has leaned on a state law asserting that “a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child.”

His administration has enacted several measures to reinforce these rights, including executive orders that require parents to be notified about drug overdoses and make mask-wearing optional.

The governor also adopted legislation mandating that parents be informed about sexually explicit instructional materials in school libraries. Additionally, a proposal was put forward to require schools to notify parents if a student wishes to change their name, nickname or pronouns as listed in official records.

However, last week, Youngkin proposed an amendment to a bill backed by Democrats, which mandates school boards to send annual notifications to parents regarding the safe storage of prescription drugs and firearms. 

His amendment could derail the proposal, as it would require schools to notify at least one parent if a student seeks help from a social worker regarding their gender identity, and gain parental permission before any further action is taken.

The General Assembly is set to take up the amendment during Wednesday’s reconvened session.

Editor’s note: This story was updated with a response from the Virginia Department of Education.

This article first appeared on Virginia Mercury and is republished here with permission. Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence.