ANN ARBOR, Mich. — The U.S. Department of Justice is threatening legal action against Ann Arbor Public Schools unless the district changes policies that federal officials say violate parents’ rights under federal education privacy laws.
In a letter dated Sunday, the Justice Department’s Civil Rights Division said the district has 14 days to address what it described as “substantial noncompliance” with the Family Educational Rights and Privacy Act, known as FERPA, and the Protection of Pupil Rights Amendment, or PPRA.
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The dispute centers on Ann Arbor Public Schools’ Policy 5011, which addresses transgender and gender-nonconforming students.
According to the Justice Department, the U.S. Department of Education first raised concerns about the policy in July, arguing that it did not provide parents with full access to their children’s education records.
The Ann Arbor Board of Education amended the policy Aug. 26. However, federal officials said the revisions did not substantially change the policy. The Justice Department cited comments made by board members during the meeting as evidence that the changes were intended largely to clarify the policy rather than alter its effect.
The Department of Education determined Aug. 31 that the district remained out of substantial compliance with FERPA and PPRA and authorized the Justice Department to begin enforcement measures, according to the letter.
Federal officials are demanding that the district rescind Policy 5011 or revise it to comply with federal law.
Among the requested changes, the Justice Department wants the district to remove language directing school personnel to privately consult with students about requested names and pronouns. It also wants the district to obtain prior written parental consent before requiring minors to answer questions involving information protected under PPRA.
The federal government is also demanding that parents be given an opportunity to challenge, correct or seek deletion of information in their children’s education records that they believe is inaccurate or misleading. The letter specifically references records involving changes to a student’s name or gender markers and reports concerning a student’s legal name or gender.
The Justice Department also directed the district to review its policies and practices to ensure parents can inspect their children’s education records and exercise their rights under federal law.
If the district does not comply within the 14-day deadline, the Justice Department said the federal government could file a civil lawsuit and take other enforcement action related to conditions attached to federal education funding.
“This letter constitutes a formal demand and a final opportunity to cure before litigation is initiated,” the Justice Department wrote.
The letter was signed by Harmeet K. Dhillon, assistant attorney general for the Justice Department’s Civil Rights Division.
The documents provided do not include a response from Ann Arbor Public Schools to the latest Justice Department demand.
