Filed Date: Feb. 11, 2026
Case Ongoing
Clearinghouse coding complete
On February 11, 2026, the State of California filed this suit against the U.S. Department of Education, the U.S. Secretary of Education, and the United States in U.S. District Court for the Northern District of California. Plaintiffs alleged that Defendants unlawfully sought to expand the requirements of the Family Educational Rights and Privacy Act (FERPA) by decree. FERPA, created over 50 years ago, introduced two separate duties for state educational agencies: first, educational agencies were required, upon a parents’ request, to disclose a student’s “education records” as defined by the statute; second, educational agencies could not disclose those same records to third parties without prior parental consent. 20 U.S.C. §§ 1232g(a)(1)(A), (b)(1). This recent expansion reads an affirmative duty to disclose student records to parents where none exists and demanding that Plaintiff accede to this interpretation as a new condition of receiving federal education funding.
Filing under 20 U.S.C. § 1232(g), 28 U.S.C. § 2201(a), the Spending Clause of the U.S. Constitution, and 5 U.S.C. § 706(2)(A)-(C), and further asserting Ultra Vires claims against all defendants, Plaintiffs sought declaratory relief that Defendants had not adequately established non-compliance with FERPA. Additionally, Plaintiffs sought a prelimary and permanent injunction barring Defendants from taking any enforcement action predicated on the Findings Letter, as well as attorneys' fees.
This case was assigned to Judge William H. Orrick.
Along with their complaint, Plaintiffs brought an ex parte motion for a Temporary Restraining Order ("TRO"). General Duty Judge Noël Wise granted the motion the same day, enjoining Defendants from withholding any amount of the roughly $4.9 billion provided annually to the California Department of Education until the merits of the motion were fully resolved. Judge Wise set a briefing schedule, with a joint stipulation regarding the withholding of funds due February 17, 2026, and a hearing scheduled for February 18, 2026 should the parties fail to reach an agreement on the substantive issues raised in Plaintiffs' TRO.
This case is ongoing.
Summary Authors
Ben Hefter (2/26/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72264974/parties/state-of-california-v-us-department-of-education/
Orrick, William Horsley (California)
Bruck, Katherine (California)
Bunshoft, Jennifer A. (California)
Faer, Laura L. (California)
Nugent, Edward W. (California)
See docket on RECAP: https://www.courtlistener.com/docket/72264974/state-of-california-v-us-department-of-education/
Last updated March 12, 2026, 3:08 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Feb. 11, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The State of California
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
United States Department of Education
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Spending/Appropriations Clauses
Other Dockets:
Northern District of California 3:26-cv-01259
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Parents (visitation, involvement)
Discrimination Basis:
Affected Sex/Gender(s):
Case Summary of State of California v. U.S. Department of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47821/ (last updated 2/26/2026).