Ann Arbor Schools Hit Pause In Federal Fight Over Trans Student Policy
Board approves a 90-day standstill with the DOJ as trustees insist protections for trans and gender-nonconforming students aren't being rolled back
Ann Arbor Public Schools has agreed to a 90-day standstill with the U.S. Department of Justice in its fight over a district policy that protects transgender and gender-nonconforming students, buying time as federal officials push the district to change how it handles students' gender identity information.
The Ann Arbor Board of Education authorized the agreement at its regular meeting on Oct. 7. The moratorium halts federal enforcement over claims that the district's policy violates parents' rights under the Family Educational Rights and Privacy Act (FERPA) while district leaders review their policies and practices.
"This review will ensure that our policies [protecting] the rights of students and their parents are strong, clear and fully compliant with the law," Board President Torchio Feaster said, reading from a statement. "As always, the safety of our students, including our transgender and gender-nonconforming students, is paramount. Any policy revisions will reflect our commitment to serving all students safely, fairly and in accordance with their legally protected rights."
The resolution allows the district's legal counsel and Superintendent Jazz Parks to keep talking with the DOJ about potential policy revisions. Any further changes, consent decrees or settlement terms would still need school board approval.
Trustee Steve Norton said the pause did not "reflect any rollback in our commitment" to trans students. He was advised not to elaborate because the resolution was first discussed in closed session under attorney-client privilege.
"If that's necessary, then I regret that we didn't spend a little more time discussing it," Norton said.
Parents and advocates of trans students have spent weeks urging the board to stand firm.
As Michigan Advance reported in July, the U.S. Department of Education's Student Privacy Policy Office announced it had determined the district's policy likely violates FERPA. Federal officials accused the district of requiring staff to hide a child's transgender status from parents and gave the district until Aug. 10 to respond. The district denied hiding records.
The board approved an amendment Aug. 26 that officials said clarified existing practice without weakening student protections. Richard Landau, the district's attorney for federal compliance matters, warned at the time that an estimated $15 million in annual federal funding was at risk, including money for special education and school lunches. Trustee Rima Mohammad cast the only no vote.
That amendment didn't satisfy the DOJ. In September, Assistant Attorney General Harmeet Dhillon, who leads the department's Civil Rights Division, gave the district 14 days to rescind or revise the policy to comply with FERPA and the Protection of Pupil Rights Amendment (PPRA) or face a lawsuit. The board responded by authorizing administrators to answer the DOJ and retain litigation counsel. Since then, Landau said, the district has engaged in "direct consultative, constructive discussions" with the Civil Rights Division.
The policy at the center of the dispute was first adopted in 2017. It lets trans and gender-nonconforming students express their identities openly and decide when and with whom to share private information. It bars staff from disclosing a student's personally identifiable or medical information while confirming parents' full access to school records under FERPA. When contacting families, staff use a student's legal name and the pronoun matching their sex assigned at birth unless the student, parent or guardian specifies otherwise. The current policy is posted on the district's website.
Whether FERPA reaches that far is an open question. A FERPA expert told Chalkbeat the law requires districts to hand over written records such as gender support plans when parents ask for them, but it doesn't appear to create a duty to proactively tell parents a student is expressing a different gender at school.
Ann Arbor isn't the only district in the administration's sights. The same July action targeted Anne Arundel County Public Schools in Maryland, and Dhillon spent this week promoting the broader effort. On Newsmax Monday, Oct. 5, she described it as part of a national push to protect privacy "against the type of intrusive behavior we are seeing with gender ideology, sexualization, drag shows and all of that kind of nonsense," according to MLive.
AAPS also remains one of three Michigan districts under a Title IX investigation the Education Department opened in June. That probe centers on a policy allowing trans athletes to compete on teams matching their gender identity after a trans student played on Skyline High School's girls volleyball team.
What to know at a glance
What does the 90-day standstill agreement actually do?
It halts federal enforcement against Ann Arbor Public Schools while the district reviews its policies and practices. Legal counsel and Superintendent Jazz Parks can keep negotiating with the DOJ, but any policy changes, consent decrees or settlement terms still require school board approval.
Why is the Justice Department going after Ann Arbor's transgender policy?
Federal officials say the policy likely violates FERPA by requiring staff to hide a student's transgender status from parents. The Education Department's parental rights action began in July, and in September the DOJ threatened a lawsuit unless the district rescinded or revised the policy.
What does the Ann Arbor policy say about trans students?
Adopted in 2017, it lets trans and gender-nonconforming students express their identities openly and decide when and with whom to share private information. It bars staff from disclosing personally identifiable or medical information while confirming parents' full access to school records under FERPA.
Does FERPA require schools to tell parents their child is trans?
That's an open question. A FERPA expert told Chalkbeat the law requires districts to hand over written records such as gender support plans when parents request them, but it does not appear to create a duty to proactively notify parents.
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