U.S. Department of Education Initiates Enforcement Action Against Fairfax County Public Schools for Reportedly Facilitating the Provision of Abortion Services to Students

Today, the U.S. Department of Education's Student Privacy Policy Office (SPPO) initiated an enforcement action against Fairfax County Public Schools (Fairfax) under the Protection of Pupil Rights Amendment (PPRA).

This enforcement action follows recent reports that during the 2021-22 school year, a Centreville High School social worker reportedly scheduled an abortion appointment for a 17-year-old student, paid the required clinic fees, and swore the girl to secrecy without informing the student's parents. A second student was allegedly pressured by the social worker to have an abortion, with the social worker reportedly telling her she "had no other choice" and directing her to the same clinic for an abortion procedure, which the student did not ultimately undergo. Under PPRA's requirements, schools must notify parents of an invasive physical examination and allow parents to opt their children out of such a procedure.

"It shocks the conscience to learn that school personnel in Fairfax have allegedly exploited their positions of trust to push abortion services on students without parental knowledge or consent. Children do not belong to the government-decisions touching deeply held values should be made within loving families. It is both morally unconscionable and patently illegal for school officials to keep parents in the dark about such intimate, life-altering procedures pertaining to their children," said U.S. Department of Education's Acting General Counsel Candice Jackson. "The Trump Administration will not stand by idly as these abuses unfold in our schools. We will take swift and decisive action to put an end to this and restore parental authority, which stems from their ultimate responsibility for their children's wellbeing."

To ascertain whether these practices continue today, SPPO is requiring Fairfax to investigate this matter and provide a written response by October 17, including:

• A copy of Fairfax's general notice to parents notifying them of their rights under PPRA during the 2021-22 through 2025-26 school years;
• A copy of any policies or procedures in effect during the 2021-22 through 2025-26 school years that relate to non-emergency, invasive physical examinations or screening, and how parents were consulted in the development of such policies and procedures;
• Documentation of any communications, directives, or training materials provided to school staff regarding the handling of sensitive medical services, including abortion-related referrals or procedures;
• Any records related to the alleged incidents of school personnel facilitating the provision of abortion services to minors; and
• A statement explaining whether any U.S. Department of Education funds were used, in whole or in part, in connection with the sensitive medical services, including abortion-related referrals or procedures.

Background

PPRA is a federal privacy law enforced by the Department's SPPO. PPRA affords parents of students certain rights, including the right to receive notice and an opportunity to opt a student out of any non-emergency, invasive physical examination or screening that is required by an LEA as a condition of attendance, administered by the school and scheduled by the school in advance, and not necessary to protect the immediate health and safety of a student.

Under 20 U.S. Code § 1232h(e), the Secretary of Education has the authority to take action necessary to enforce PPRA.

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