A coalition of parental rights organizations filed a formal federal complaint Wednesday against Milwaukee Public Schools (MPS), accusing the district of violating federal law by hiding students’ gender transitions from parents.
The complaint, submitted to Education Secretary Linda McMahon and Attorney General Pam Bondi, demands an investigation into MPS’s “Gender Inclusion Guidance” policy and urges the Biden administration’s successor to revoke federal funding unless the district rescinds the controversial practice.
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The action follows President Donald Trump’s January 29 executive order titled “Ending Radical Indoctrination in K-12 Schooling,” which directed the Department of Education to prioritize enforcement of federal parental rights laws, including the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
The Wisconsin Institute for Law & Liberty (WILL), Alliance Defending Freedom (ADF), and Parents Defending Education (PDE) co-signed the complaint. They argue that MPS’s policy “facially violates” both FERPA and the PPRA by allowing schools to facilitate a child’s gender transition without parental consent or knowledge — and then label the documentation “confidential.”
“Parents are being cut out of one of the most significant decisions in a child’s life,” said Katherine Anderson, Director of ADF’s Center for Parental Rights. “Keeping parents in the dark not only violates federal law but undermines the family structure and puts vulnerable children at risk.”
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According to the policy, staff are instructed to withhold gender transition information from parents unless the child explicitly grants permission. Internal MPS forms, including a “Gender Support Plan” and “Gender Communication Plan,” are marked confidential and kept out of students’ official records. The complaint contends this is a direct attempt to bypass FERPA’s transparency requirements.
FERPA grants parents full access to educational records for children under 18. By keeping transition-related documents “confidential” and off official records, the complaint says MPS deprives parents of their legal right to inspect and review pertinent student information.
In addition, the complaint alleges that the school’s forms violate the PPRA, which requires parental notification and opt-out rights for any evaluations that touch on psychological or sexual matters. Questions asked of students in MPS’s gender forms — such as whether parents are “aware and supportive” of the student’s gender identity — are cited as clear examples of protected evaluations.
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“Children with gender dysphoria face elevated risks of self-harm and suicide,” said Nicole Neily, President of Parents Defending Education. “It is unconscionable for schools to withhold vital information from families who are best positioned to support and protect their child.”
The groups also cited international precedent, pointing to the UK’s National Health Service and Department for Education, which both concluded that parents must be central to gender transition decisions in schools due to long-term developmental concerns.
The Department of Education has not yet commented on the complaint. If the federal government finds that MPS is in violation of FERPA or PPRA, it has the authority to open an investigation and revoke the district’s federal funding.
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