In March 2025, as part of a broader push by the Trump administration to restore parental rights in education, U.S. Secretary of Education Linda McMahon issued a federal mandate 📄 to every public school in America: comply with federal student privacy laws or risk losing funding. The letter, issued through the Department’s Student Privacy Policy Office (SPPO), clarified that parents have the right to access all education records maintained by their child’s school — including so-called “gender support plans,” mental health documentation, disciplinary logs, and any other records that directly relate to their child.

That order was not subtle. It warned that districts found intentionally concealing such information from parents would face federal investigation, funding consequences, or both.

This came after years of controversy in various states over school districts keeping parents “out of the loop” on matters like name and pronoun changes, mental health treatment referrals, and informal behavioral plans. Under the Family Educational Rights and Privacy Act (FERPA), federal law has always given parents the right to inspect their child’s educational records — but implementation has varied wildly depending on local interpretation and political climate.

Now, that ambiguity is over. At the federal level, there’s no longer any question.

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. Additionally, under the current regulatory framework, FERPA does not distinguish between a student’s “official student record” or “cumulative file.” Rather, all information, with certain statutory exceptions, that is directly related to a student and maintained by an educational agency or institution, is part of the student’s “education records” to which parents have a right to inspect and review.

What Counts as an “Education Record”?

Under FERPA, any information maintained by a school that is directly related to a student qualifies as part of their education record. That includes not just grades, transcripts, and attendance, but also disciplinary reports, teacher notes shared with administrators, health center referrals, and even digital logs from learning platforms.

The SPPO made clear in 2025 that schools do not get to decide which records parents may see based on staff discretion or school politics. It doesn’t matter whether a gender plan is stored in a counselor’s drawer, a Google Doc, or a locked cabinet. If it exists, and it’s about your child, you are legally entitled to see it.

There is one caveat: FERPA does not require schools to proactively notify parents. But once a parent asks, they must be given access within 45 days — no exceptions, no “we’ll check with the student first,” no “we don’t think it’s safe.”

What About Vermont?

Vermont’s Agency of Education appears, at first glance, to be in compliance with this federal position. Its official Data Governance page lays out clear responsibilities for protecting and properly handling student data. It explicitly references FERPA and stresses confidentiality and lawful data use. That’s good.

But elsewhere on the very same state-run website, things get murkier.

Still available, with no retraction or warning label, is a 2020 document titled “Student Data Privacy and Safety Guidelines for Educators.” It encourages schools to obtain consent “on behalf of parents” when dealing with online services, and it does not reinforce the FERPA requirement that all educational records must be disclosed to parents upon request. In fact, it includes language that strongly implies schools may — or even should — withhold sensitive records in some cases.

The document is outdated. But its continued presence on Vermont’s official site leaves open the possibility that districts may still be relying on it. And that’s a problem.

You can’t claim to be FERPA-compliant and simultaneously endorse guidance that implies otherwise.

🍁 Make a One-Time Contribution — Stand Up for Accountability in Vermont 🍁

What Should Parents Know (and Do)?

If you’re a Vermont parent of a minor child under 18, here’s what you need to understand:

• You have the right to access your child’s full educational record — including any documentation about behavioral issues, gender-related accommodations, discipline, or mental health support plans.
• You don’t need to justify your request. Schools must comply within 45 days under federal law. You don’t have to explain “why” you want the records.
• If your request is denied or delayed, you can file a complaint with the U.S. Department of Education’s Student Privacy Policy Office.

In fact, the March 2025 federal directive encourages families to report noncompliant schools — especially in cases where records are hidden or shielded using “dual record” systems (one for parents, one for internal use).

However, once your child turns 18, or is legally emancipated, or begins attending college, these rights transfer to the student. At that point, parents no longer have automatic access to the student’s records unless the student provides written consent — or the parent can prove dependency for tax purposes (in which case limited access may be allowed).

Mixed Signals at the State Level

The contradiction is clear. While Vermont’s newer policy language talks the talk, some older documents still walk the other way. Until the Agency of Education updates or withdraws the outdated guidance — and instructs districts to do the same — confusion and noncompliance will likely continue.

And for families who suspect they’ve been kept in the dark, that means the burden is on them to speak up, file requests, and, if necessary, escalate to federal authorities.

This is not a left-right issue. It’s not about politics. It’s about parental rights and lawful transparency. Schools serve families. Not the other way around.

If you found this information valuable and want to support independent journalism in Vermont, become a supporter for just $5/month today!

Dave Soulia | FYIVT

You can find FYIVT on YouTube | X(Twitter) | Facebook | Parler (@fyivt) | Gab | Instagram

#fyivt #FERPARights #StudentPrivacy #VermontEducation

Support Us for as Little as $5 – Get In The Fight!!

Make a Big Impact with $25/month—Become a Premium Supporter!

Join the Top Tier of Supporters with $50/month—Become a SUPER Supporter!