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#FERPA

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#Trump administration targets #Maine again, this time on #transgender policy in schools

The U.S. #DepartmentOfEducation. which Trump wants to abolish, is investigating whether dozens of Maine school districts are violating or misusing federal privacy laws and infringing on parents’ rights.

by Eric Russell, March 28, 2025

"The Trump administration is once again targeting Maine over its policies on transgender youth.

"The U.S. Department of Education – an agency the president is trying to abolish – announced Friday it has initiated an investigation into Maine’s Department of Education over allegations that school districts in the state are violating the Family Educational Rights Privacy Act (#FERPA).

"Specifically, the federal agency says school districts are allowing officials to create 'gender plans' that support a transgender student’s identity but then not making those plans available to parents.

"A similar investigation was launched in #California this week.

[...]

"Schools in Maine have been caught in a legal gray area between respecting student privacy and parents’ rights to be informed when it comes to children’s expression of gender identity while at school. Many youth live in families whose members might not be supportive of their gender identity.

"The Trump administration already has been investigating Maine for allowing #TransgenderAthletes to compete, something that is allowed under the #MaineHumanRightsAct but defies an executive order the president signed in February. This month, the administration found that Maine violated the federal law known as #TitleIX and warned that if the state didn’t make changes, it would risk referral to the U.S. Department of Justice and the potential loss of tens of millions of dollars in federal funding.

"The announcement from the U.S. Department of Education this week also warns that if any Maine district is found in violation of the federal privacy act, it could lose federal funding. It’s unclear how that will play out, though, because Trump is trying to eliminate the education department at the federal level.

"A spokesperson for the Maine Department of Education did not immediately respond Friday to questions about the investigation. A spokesperson for the Maine Attorney General’s Office declined to comment.

"Trump and his supporters have elevated transgender rights as the biggest battle in the country’s culture war and believe their messaging is a political winner, even beyond traditional party lines.

"In addition to his executive order barring transgender girls or women from competing in athletics, Trump signed another that says the federal government would only recognize two genders, male and female, a move some advocates said was designed to erase transgender individuals from existence.

"Many states, Maine included, have strong protections for transgender individuals."

Read more:
pressherald.com/2025/03/28/tru

Archived version:
archive.md/b6gpf
#MainePol #USPol #MaineResists #ProtectTransYouth #TrumpIsABully #Education #Authoritarianism #Fascism #CharacteristicsOfFascism #TransRightsAreHumanRights

Press Herald · Trump administration targets Maine again, this time on transgender policy in schoolsThe U.S. Department of Education, which Trump wants to abolish, is investigating whether dozens of Maine school districts are violating or misusing federal privacy laws and infringing on parents’ rights.

So there's a massive #databreach affecting school districts across the country and millions of students .... and #FERPA doesn't require data breach notification to students.

But's that okay anyway because Trump wants to totally shutter the federal Education Department?

I would normally insert the "Everything is Fine" meme here but in light of California's fires, it doesn't feel appropriate right now.

Some folks may get confused by PowerSchool saying that if they have medical records on students, they may have to notify under HIPAA.

Most student medical/health records are not covered under HIPAA. They are covered under FERPA.

If the district is billing the student's health insurance for services like speech therapy, physical therapy, or occupational therapy, then there's a HIPAA issue. Or if the school has arrangements with an actual clinic that is providing medical/health services to students. But most things like doctor's absence notes or even allergy action plans or school medication orders are not under HIPAA.

If the district has a health plan for employees that it administers, there's also a HIPAA issue there.

#PowerSchool #databreach #incidentresponse #HIPAA #FERPA

@douglevin @funnymonkey

Replied to Doug Levin

@douglevin @brett @funnymonkey Well, as we all know too well, #FERPA doesn't even require notification,so let's look to state law. According to the Kansas AG:

"Kansas law requires any person who conducts business in this state that owns or licenses computerized data including personal information to conduct good faith investigations into the
likelihood that personal information has been or will be
misused when it becomes aware of any breach of the security of the system. (K.S.A. 50-7a02.) If the investigation reveals that Personal Information has been misused, or is likely to be misused, the person must give notice to the affected Kansas resident without unreasonable delay and as soon as possible."

Not much help there. But I don't think almost a year is reasonable.