
The Trump administration is intensifying its efforts to enforce parental rights in mental health screenings for students, stating that schools must notify parents and obtain written consent before administering any assessments. This warning was outlined in a letter from the U.S. Departments of Education and Justice to state attorneys general on October 5, 2026.
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The letter highlighted ongoing “patterns of noncompliance” with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) by various school officials. The administration pointed out that despite previous communications, many superintendents continue to ignore regulations that protect parental rights.
The departments made it clear that any evaluations related to a student's mental health require explicit consent from parents, with opting out deemed insufficient. This warning comes as part of a broader investigation into school policies surrounding LGBTQ+ students, particularly those involving gender support plans.
The Los Angeles Unified School District (LAUSD) has been specifically targeted for policies that the administration argues violate FERPA and PPRA. These policies include directives for staff to privately inquire about students' preferred pronouns while maintaining the confidentiality of their gender identity from parents.
An LAUSD spokesperson responded by stating that the district has not received any new enforcement actions and asserts compliance with all applicable laws.
Legal tensions have heightened since a California law enacted in 2024 that prevents schools from disclosing LGBTQ+ students' identities to their parents without consent. Previous investigations into other districts, including Washington's Bethel School District and Colorado's Denver Public Schools, are still underway.
Additionally, the Education Department had intended to revise regulations regarding the enforcement of these laws earlier this year but has yet to do so.