Arizona Superintendent of Public Instruction Tom Horne presented his 2025 State of Education Speech to the AZ Senate Committee on Education on Tuesday, Jan. 21, 2025.
In a letter to public schools, State Superintendent of Public Instruction Tom Horne asks them to provide proof that they are following federal privacy laws.
Horne’s request comes after U.S. Education Secretary Linda McMahon sent a letter to state officials reminding them of federal privacy laws, which she accuses some schools of not following.
"Under President Trump’s leadership, my Department will no longer passively accept school officials’ hostility to parental involvement," McMahon wrote in a March 28 letter. "The Department stands with parents in exercising their rights to the full extent of the law."
Critics, including McMahon, say some schools have “Gender Plans,” which do not inform parents when their child uses a pronoun or name different from that assigned at birth. They argue it undermines parental rights and such plans should be part of a student’s records, which parents have the right to inspect under the Federal Education Rights and Privacy Act.
"While FERPA does not provide an affirmative obligation for school officials to inform parents about any information, even if that information is contained in a student’s education records, FERPA does require that a school provide a parent with an opportunity to inspect and review education records of their child, upon request," Frank Miller, the acting director for USDE's Student Privacy Policy Office, wrote to state education officials.
LGBTQ advocates argue that those policies could put transgender students at risk, as some may not feel safe sharing their gender identity at home.
Horne has until April 30 to provide documents like “reports, information on policies and procedures, annual notifications, training materials or other information necessary" to show schools are complying with FERPA and the Protection of Pupil Rights Amendment.
“The Secretary of Education is right to be concerned about schools that have misapplied privacy law to prevent parents from being fully informed about their children’s time at school," Horne said. "Misinforming parents or withholding information is an outrageous abuse of a school’s authority.”
“The Secretary of Education is right to be concerned about schools that have misapplied privacy law to prevent parents from being fully informed about their children’s time at school. Misinforming parents or withholding information is an outrageous abuse of a school’s authority.”
McMahon says violators should expect to lose federal funding.
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