SchoolDecisionby Formative Spaces, Inc.
School DecisionThe Newsroom
SATURDAY, SEPTEMBER 12, 2026
Beyond the headline
SCHOOLDECISION.COM/NEWSROOM

Anne Arundel schools require parental consent for transgender students’ preferred names after federal FERPA action

Internal slides show staff must follow parental objection on names and pronouns, while the public regulation still says students have the right to be addressed by their gender identity. The change follows a July 2026 enforcement action by the U.S. Education and Justice departments.

Anne Arundel County Public Schools now requires parental permission before staff can use a transgender student’s preferred name or pronouns, a policy shift embedded in internal presentation slides rather than in the district’s publicly posted regulation. The slides, reviewed by The Baltimore Banner, state that if a parent does not agree, the school must comply with the parent’s request on preferred name, group bathroom use and pronouns. They also state that when a parent is supportive and gives permission, all supports described in the regulation can be implemented.

The guidance was delivered by Ryan Voegtlin, assistant superintendent of student services. District spokesperson Bob Mosier confirmed to the Banner that the slides have never been part of district regulations. Operational guidelines describe the actions staff should take to comply with published regulations, meaning the parental-consent requirement exists only in internal guidance, not in the publicly posted regulation.

Published regulation says something different

The district’s published regulation, Administrative Regulation JQ-RA revised August 18, 2026, states that every student has the right to be addressed by a name and pronoun that correspond to the student’s gender identity. It says a court-ordered name or gender change is not required and the student is not required to change official school records. The regulation directs staff to work with a student and the student’s parents to develop an appropriate plan to accommodate and support the student, unless there is a genuine safety concern.

The amended regulation added new FERPA compliance language in its confidentiality section, stating that nothing in the regulation shall be construed to limit or interfere with parents’ rights under FERPA, including the right to inspect their student’s complete education record. The prior version had described gender identity information as potentially confidential medical information within the student’s educational record.

Superintendent Mark T. Bedell announced the regulation update in an August 19 letter to the community. He wrote that district policies and practices cannot override parental rights under federal student privacy law, including information in education records related to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns. The district did not publicly disclose the operational guidelines requiring parental permission for use of preferred names.

Federal enforcement and lawsuit preceded the changes

On July 27, 2026, the U.S. Department of Education’s Student Privacy Policy Office and the Department of Justice’s Civil Rights Division announced enforcement action against Anne Arundel County Public Schools. The agencies determined that the district improperly classified information about a student’s gender identity as confidential medical information that cannot be shared with parents, violating FERPA. The enforcement could include judicial proceedings and potential loss of federal funding.

Assistant Attorney General Harmeet K. Dhillon sent a letter on July 29 giving the district seven days to rescind its policy, provide affected parents with relevant records, and inform staff they cannot withhold information from parents, or face litigation. Dhillon stated that FERPA compliance is mandatory and districts that fail to meet its requirements will face federal enforcement.

The federal action followed a lawsuit filed July 8, 2026, in U.S. District Court of Maryland by America First Legal on behalf of parents identified as John and Jane Doe. The suit alleged the district secretly facilitated their child’s social gender transition at school without parental notice or consent, violating constitutional and religious rights.

Teachers’ union raises concerns about clarity

Teachers’ union president Kristina Korona told members in an Aug. 20 email that the new guidance undermines district policy on acceptance and inclusivity and would negatively affect affected students right away. She also noted confusion among educators about how to distinguish between nicknames and gender-affirming preferred names, writing on Aug. 23 that the guidance has not been clearly communicated to staff.

How other districts have faced similar pressure

Ann Arbor Public Schools in Michigan was targeted by the same July 27 federal enforcement action. The Education Department determined that Ann Arbor’s policy requiring school employees to hide a child’s transgender status from parents likely violates FERPA and gave the district until August 10 to demonstrate why enforcement should not proceed. Ann Arbor was also told it must justify its policy directing school officials to maintain gender-identity records in a separate filing system.

The Education Department previously withheld funding from Fairfax County Public Schools in Virginia because the district allows students to use restrooms associated with their gender identity, a step the department said violates Title IX.

The Education Department has previously used FERPA in attempts to overturn similar transgender nondisclosure policies in Maine and California. The Education Department also issued a finding against the California Department of Education for FERPA violations, citing practices including creating secret gender support plans and petitioning a student management software company to hide children’s name changes and pronouns from parents.

35States, including Maryland, that do not require school staff to notify parents about a student’s gender identity, according to the Movement Advancement Project. [1]

Maryland is one of 35 states with no statewide rule requiring schools to notify parents about a student’s gender identity. Fifteen states require notification, some only if a student requests a different name, others if a student mentions a desire to change gender identity.

Federal framework established months earlier

In March 2025, the Education Department’s Student Privacy Policy Office sent a Dear Colleague Letter to state superintendents reminding them of FERPA compliance obligations and designating the practice of hiding a child’s gender identity from parents as a priority concern for enforcement. Secretary Linda McMahon’s cover letter emphasized that parents hold the primary responsibility for protecting their children. This letter established the federal framework under which the Anne Arundel enforcement action was taken.

Analysis

By the School Decision Newsroom, written after the reporting above was filed.

Kansas City, Kansas refused to comply and the Justice Department sued. That is what Anne Arundel avoided.

Kansas City, Kansas Public Schools received the same FERPA enforcement framework and refused to voluntarily comply. In September 2026, the Justice Department filed a first-of-its-kind lawsuit seeking to halt the district's internal transgender guideline, which directed staff to develop transition plans without parental knowledge. Anne Arundel complied within the seven-day ultimatum to avoid that outcome. The Kansas City lawsuit is the first real test of whether the federal government's reading of FERPA holds up in court. If it fails there, the enforcement threats that changed Anne Arundel's policy were built on sand.

The FERPA theory behind the consent requirement is contested in court, and the federal government's own letter concedes the point.

California sued the Education Department in February 2026, arguing the federal government cannot cite a single instance where a California school denied a parent's request to inspect education records. The Education Department's own Dear Colleague Letter concedes that FERPA "does not provide an affirmative obligation for school officials to inform parents about any information." California's position is that FERPA guarantees records access on request but does not require proactive disclosure of gender identity or consent before using a preferred name. No court has ruled yet. If California wins, the legal basis for the Anne Arundel consent requirement weakens.

Ann Arbor faced the same enforcement and did not adopt a consent requirement for preferred names.

Ann Arbor Public Schools, hit by the same July 27 enforcement action, amended its policy on August 26 to guarantee FERPA records access for parents while explicitly preserving staff discretion in routine communications. The board's amendment states that nothing in its policy "creates an affirmative duty to volunteer information merely because the information is contained in an education record." Ann Arbor did not adopt a parental consent requirement for using preferred names. Anne Arundel's internal guidance requiring that consent is the district's own choice, not a step the federal enforcement action demanded.

Sources

  1. The Baltimore Banner. Anne Arundel schools change guidance on transgender students' names View
  2. Fox Baltimore. FINAL JQ-RA Safe and Inclusive Environments for LGBTQ+ Students View
  3. The Baltimore Banner. Anne Arundel schools update gender identity policy after Trump threats View
  4. U.S. Department of Education. Trump Administration Cracks Down on School Districts Secretly 'Transitioning' Students and Hiding it from Parents View
  5. Fox News. Harmeet Dhillon threatens to sue school over gender identity records View
  6. Maryland Matters. After threat by DOJ, Anne Arundel Schools amend gender policy View
  7. U.S. Department of Education. U.S. Department of Education Launches Investigation into Maine Department of Education for Alleged FERPA Violations View
  8. AP News. Major school districts risk $24M in federal grants over transgender policy deadline View
  9. U.S. Department of Justice. Justice Department Sues Kansas City, Kansas Public Schools to Stop Secret Gender Transitions View
  10. KCUR. Justice Department sues Kansas City, Kansas, Public Schools over transgender policies View
  11. Just Security. State of California v. U.S. Department of Education Complaint View
  12. U.S. Department of Education Student Privacy Policy Office. Dear Colleague Letter on FERPA and PPRA Compliance (March 2025) View
  13. Education Week. California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents View
  14. Ann Arbor Public Schools Board of Education. Resolution to Adopt Permanent FERPA Amendments to Board Policy 5011 View
Anne Arundel schools require parental consent for transgender students’ preferred names after federal FERPA action | School Decision