Case: State of California v. U.S. Department of Education

3:26-cv-01259 | U.S. District Court for the Northern District of California

Filed Date: Feb. 11, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

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.

show full summary

Summary Authors

Ben Hefter (2/26/2026)

People

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/

Judge(s)

Orrick, William Horsley (California)

Attorney for Plaintiff

Bruck, Katherine (California)

Bunshoft, Jennifer A. (California)

Faer, Laura L. (California)

Nugent, Edward W. (California)

Judge(s)

Orrick, William Horsley (California)

Attorney for Plaintiff

Bruck, Katherine (California)

Bunshoft, Jennifer A. (California)

Faer, Laura L. (California)

Nugent, Edward W. (California)

Pinggera, Anthony (California)

Spence, Darrell Warren (California)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 3:26-cv-01259	Complaint for Declaratory and Injunctive Relief	Feb. 11, 2026	Feb. 11, 2026 Complaint
6 3:26-cv-01259	Order Granting Motion for Temporary Restraining Order	Feb. 11, 2026	Feb. 11, 2026 Order/Opinion 2026 WL 388719

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72264974/state-of-california-v-us-department-of-education/

Last updated June 7, 2026, 3:34 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against McMahon, Linda, Frank E. Miller, U.S. Department of Education, United States of Amercia ( Filing fee $ 405, receipt number ACANDC-21644043.). Injunction against the US government/official or APA vacatur requested. Filed by State of California. (Attachments: # 1 Exhibit)(Nugent, Edward) (Filed on 2/11/2026) (Entered: 02/11/2026) 1 Exhibit View on PACER	Feb. 11, 2026	Feb. 11, 2026 Clearinghouse
2	Proposed Summons. (Nugent, Edward) (Filed on 2/11/2026) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026
3	NOTICE of Appearance filed by Anthony Pinggera on behalf of State of California (Pinggera, Anthony) (Filed on 2/11/2026) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026
4	Ex Parte MOTION for Temporary Restraining Order filed by State of California. (Attachments: # 1 Declaration of Edward Nugent in Support of Ex Parte Motion for Temporary Restraining Order, # 2 Declaration of Tony Thurmond in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order, # 3 Exhibit Complaint for Declaratory and Injunctive Relief, # 4 Proposed Order Granting Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, # 5 Certificate/Proof of Service)(Nugent, Edward) (Filed on 2/11/2026) Modified on 2/17/2026 to release security restrictions (jmd, COURT STAFF). (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026
5	Case assigned to Judge William H. Orrick. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbc, COURT STAFF) (Filed on 2/11/2026) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026
6	ORDER GRANTING 4 Ex Parte MOTION for Temporary Restraining Order filed by State of California. Signed by Judge Noel Wise on 2/11/2026. (nwlc3, COURT STAFF) (Filed on 2/11/2026) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026 Clearinghouse
8	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/5/2026. Initial Case Management Conference set for 5/12/2026 02:00 PM in San Francisco, - Videoconference Only. (mbc, COURT STAFF) (Filed on 2/11/2026) (Entered: 02/12/2026)	Feb. 11, 2026	Feb. 11, 2026
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Feb. 11, 2026	Feb. 11, 2026
	~Util - Case Assigned by Intake	Feb. 11, 2026	Feb. 11, 2026
7	CLERKS NOTICE SETTING TEMPORARY RESTRAINING ORDER 6 HEARING.Temporary Restraining Order 6 Hearing set for February 18, 2026 at 11:00 AM. This proceeding will be held via a Zoom Meeting.WMeeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than February 17, 2026 at 5:00Pm.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Temporary Restraining Order Hearing set for 2/18/2026 11:00 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 2/12/2026) (Entered: 02/12/2026)	Feb. 12, 2026	Feb. 12, 2026
9	Summons Issued as to Linda McMahon, Frank E. Miller, Jr, U.S. Department of Education, United States of Amercia, U.S. Attorney and U.S. Attorney General (mbc, COURT STAFF) (Filed on 2/12/2026) (Entered: 02/12/2026)	Feb. 12, 2026	Feb. 12, 2026
10	NOTICE of Appearance filed by Laura L. Faer on behalf of State of California (Faer, Laura) (Filed on 2/12/2026) (Entered: 02/12/2026)	Feb. 12, 2026	Feb. 12, 2026
	Clerk's Notice Setting Zoom Hearing	Feb. 12, 2026	Feb. 12, 2026
	Set/Reset Hearings	Feb. 12, 2026	Feb. 12, 2026
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Feb. 12, 2026	Feb. 12, 2026
	Set Hearing - Motion Hearing set for 2/27/2026 10:00 AM via videoconference before Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 2/12/2026)	Feb. 12, 2026	Feb. 12, 2026
11	NOTICE of Appearance filed by Darrell Warren Spence on behalf of State of California (Spence, Darrell) (Filed on 2/13/2026) (Entered: 02/13/2026)	Feb. 13, 2026	Feb. 13, 2026
12	NOTICE of Appearance filed by Katherine Bruck on behalf of State of California (Bruck, Katherine) (Filed on 2/13/2026) (Entered: 02/13/2026)	Feb. 13, 2026	Feb. 13, 2026
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Feb. 13, 2026	Feb. 13, 2026
13	STIPULATION WITH PROPOSED ORDER re 6 Order Granting Motion for TRO filed by State of California. (Attachments: # 1 Proposed Order)(Nugent, Edward) (Filed on 2/17/2026) (Entered: 02/17/2026) 1 Proposed Order View on PACER	Feb. 17, 2026	Feb. 17, 2026
14	Order by District Judge Noel Wise granting 13 Stipulation. The hearing set for February 18, 2026 is vacated. (nwlc2, COURT STAFF) (Filed on 2/17/2026) (Entered: 02/17/2026)	Feb. 17, 2026	Feb. 17, 2026 RECAP
15	NOTICE of Appearance filed by John Stephen Tagert on behalf of Linda McMahon, Frank E. Miller, Jr, U.S. Department of Education, United States of Amercia (Tagert, John) (Filed on 2/18/2026) (Entered: 02/18/2026)	Feb. 18, 2026	Feb. 18, 2026
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Feb. 18, 2026	Feb. 18, 2026
	***Motion Terminated: 4 Motion for TRO resolved by 14 Order. (jmd, COURT STAFF) (Filed on 3/2/2026)	March 2, 2026	March 2, 2026
	Set Deadlines/Hearings	March 2, 2026	March 2, 2026
	Terminate Civil Case	March 2, 2026	March 2, 2026
	Restore Deadline/Hearing (inadvertently deleted): Case Management Conference set for 5/12/2026 02:00 PM via videoconference. Case Management Statement due by 5/5/2026. (jmd, COURT STAFF) (Filed on 3/2/2026)	March 2, 2026	March 2, 2026
16	CERTIFICATE OF SERVICE by State of California re Set Deadlines/Hearings for Case Management Conference (Nugent, Edward) (Filed on 3/13/2026) (Entered: 03/13/2026)	March 13, 2026	March 13, 2026
17	STATUS REPORT (filed jointly with Defendants) by State of California. (Nugent, Edward) (Filed on 4/17/2026) (Entered: 04/17/2026)	April 17, 2026	April 17, 2026
18	ADR Clerk's Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(af, COURT STAFF) (Filed on 4/22/2026) (Entered: 04/22/2026)	April 22, 2026	April 22, 2026
19	STIPULATION WITH PROPOSED ORDER (filed jointly with Defendants) filed by State of California. (Attachments: # 1 Proposed Order)(Nugent, Edward) (Filed on 4/22/2026) (Entered: 04/22/2026)	April 22, 2026	April 22, 2026
	ADR Clerk's Notice re: Non-Compliance	April 22, 2026	April 22, 2026
20	ORDER GRANTING 19 JOINT STIPULATION TO STAY DEADLINES FOR RESPONSIVE PLEADINGS AND DISCOVERY by Judge William H. Orrick. Case Management Statement due by 7/28/2026. Case Management Conference set for 8/4/2026 02:00 PM via videoconference. (jmd, COURT STAFF) (Filed on 4/23/2026) (Entered: 04/23/2026)	April 23, 2026	April 23, 2026 RECAP
21	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nugent, Edward) (Filed on 4/23/2026) (Entered: 04/23/2026)	April 23, 2026	April 23, 2026
22	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tagert, John) (Filed on 4/24/2026) (Entered: 04/24/2026)	April 24, 2026	April 24, 2026

show / hide docket entries

Case Details

State / Territory:

California

Case Type(s):

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Spending Freezes/Cuts

Key Dates

Filing Date: Feb. 11, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of California

Plaintiff Type(s):

State Plaintiff

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):

Jurisdiction-wide

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:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Confidentiality

Education

Juveniles

Parents (visitation, involvement)

School/University policies

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

Recommended Citation

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).