DOJ investigates California school districts over gender ideology, defiance of parental rights

The review targets Graves Elementary School District, San Francisco Unified School District (SFUSD), Santa Rita Union School District, and Soledad Unified School District, which collectively serve students from pre-kindergarten through 12th grade.

Assistant Attorney General Harmeet K. Dhillon, who leads the DOJ's Civil Rights Division, said the investigation follows recent Supreme Court rulings reinforcing parental rights in education. “This Department of Justice will not tolerate local school authorities trampling on the rights of parents concerning the education of their children,” Dhillon said. “The Supreme Court’s recent decisions in Mahmoud and Mirabelli have put all school districts on notice: policies that keep parents in the dark about sexuality and gender ideology in the classroom must end now.”

According to the DOJ, investigators will examine whether the districts have properly informed parents of their rights to receive notice and opt their children out of instruction involving sexual orientation and gender identity (SOGI).

Under California law, sex education curricula must include discussions of sexual orientation and gender identity. While state law provides parents with notice and opt-out rights for sex education instruction, the DOJ said questions remain about how those provisions are being implemented when SOGI-related content appears outside traditional health classes.

The department specifically pointed to the San Francisco Unified School District, which it said previously advised teachers that parental notification or permission was not required when discussing SOGI topics in the classroom. Federal officials will also examine whether gender identity policies affecting access to bathrooms, locker rooms, and girls' athletic programs comply with Title IX, the federal law prohibiting sex discrimination in education.

The review comes amid a broader federal effort to challenge California's education policies on gender identity. In 2025, the DOJ sued the California Department of Education and the California Interscholastic Federation, alleging that policies allowing biological males to compete in girls' sports violated Title IX protections for female athletes.

SFUSD has also faced growing scrutiny from federal lawmakers and conservative legal groups over policies related to student gender transitions and parental notification. The district's superintendent, Maria Su, is scheduled to testify before Congress this week during a hearing focused on parental rights and gender-related school policies.

The DOJ said its review will also assess whether the districts have modified their policies in response to the recent court decisions in Mirabelli v. Bonta and Mahmoud v. Taylor, both of which reaffirmed constitutional protections for parental involvement in children's education.