Search Articles
(CN) — A federal judge blocked the Trump administration from withholding $4.9 billion in education funding from California, dealing a setback to the administration’s effort to pressure the state into requiring schools to notify parents when a student identifies as transgender.
U.S. District Judge Noël Wise issued the temporary restraining order on the same day California Attorney General Rob Bonta sued the Department of Education, acting within hours of a federal compliance deadline that the state had partially refused to meet.
The 3-page Wednesday ruling prevents the Education Department from cutting off the funds while the case proceeds.
“Given the number of California public school students potentially affected, the fact that the federal government has been equivocal regarding whether and when it may take action, and the opportunity for significant harm to the entire California education system, this dispute requires temporary judicial intervention until the matter can be fully briefed, and heard,” Wise, a Joe Biden appointee, wrote.
The parties have been ordered to meet by Feb. 17 on whether the federal government actually intends to move forward with withholding funds. A hearing has been scheduled for Feb. 18 should the two sides fail to reach a voluntary agreement.
The confrontation began in January, when the Education Department sent California a letter saying that the state was out of compliance with the Family Educational Rights and Privacy Act, a federal law that governs parental access to student records.
The agency demanded California take corrective actions. This includes allowing school districts to adopt policies that proactively notify parents of changes to a student’s gender identity or face the loss of federal funding by Feb. 11.
California complied with two of the six demands and refused the rest. The state told the federal government it was not aware of any legal authority requiring those steps and warned that taking them could violate other federal laws. Hours later, Bonta filed suit in federal court.
“We will not stand by as the Trump Administration attempts to use baseless claims to attack crucial funding for California schools under the guise of enforcing FERPA,” Bonta said in a written statement. “We are committed to protecting California schools and securing a discrimination-free educational environment for all students.”
Bonta has argued that the act grants parents the right to request and review their children’s education records but does not require schools to affirmatively disclose a student’s gender identity, preferred name or pronouns. The Education Department’s January letter, the state argues, did not cite a single instance in which a California school failed to produce records in response to a parental request.
The $4.9 billion at issue supports some of California’s most vulnerable students, including low-income children, children of migrant farmworkers, students with disabilities, English language learners and homeless children, the state said in its motion.
A representative for the U.S. Department of Education did not immediately respond to a request for comment.
Follow @JeremyYurowSubscribe to our free newsletters
Our weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.