SUNDAY, OCTOBER 4, 2026
Beyond the headline
FORMATIVESPACES.COM

HHS terminates California's $12 million PREP sex ed grants over transgender content

The Administration for Children and Families ended three grants after California refused to remove references to gender identity, citing federal statute. California may appeal.

A large, brutalist-style concrete building with many small, recessed windows is seen from across a street with cars. White tents are set up in front of the building, and flags are visible near the entrance.
The Hubert H. Humphrey Building, headquarters of the U.S. Department of Health and Human Services. Shown for institutional context. Photo: Sebastian Wallroth / Wikimedia Commons. CC BY 3.0. Resized for display; social preview adds branding.

On August 21, 2025, the U.S. Department of Health and Human Services' Administration for Children and Families terminated all three of California's Personal Responsibility Education Program grants, citing the inclusion of content related to gender identity and transgender people that the agency said falls outside the program's authorizing statute. The termination letter, issued by ACF and released September 9, 2025, was effective immediately and affected three grants covering fiscal years 2023, 2024, and 2025.

The conflict began when ACF sent a noncompliance letter to California on June 20, 2025, instructing the state to remove all references to gender identity and transgender people from its PREP curricula within 60 days by August 19. The letter cited specific passages from four curricula, including definitions of transgender and gender identity, discussions of social and medical transition, and a statement that some men are born with female anatomy.

California's Department of Public Health responded on August 19 by stating it would not make the requested modifications. The state gave four reasons: the materials had already been reviewed and approved by ACF, they were medically accurate, the gender ideology content was relevant to the authorizing statute's adult preparation subjects, and ACF lacked authority to take the enforcement action. ACF's termination letter acknowledged the prior approval but said the previous administration had erred in allowing PREP grants to be used for gender ideology content because that approval exceeded the agency's authority.

$12.3 millionFunding that the state could lose in PREP grants across multiple fiscal years, according to HHS. [3]

Scale of the program

PREP is one of the federal grant programs authorized by Congress. Created in 2010, PREP distributes approximately $75 million per year to states for sex education. California's program uses the grant to serve roughly 13,000 youth each year through 20 local agencies, providing services in juvenile justice facilities, homeless shelters, foster care group homes, and schools. The state had already received some of the three grants, but HHS estimated the total unclaimed future funding at roughly $12.3 million.

California law creates a direct conflict with the federal demand. The California Healthy Youth Act, which took effect in January 2016, requires that comprehensive sexual health education instruction and materials teach pupils about gender, gender expression, and gender identity and explore the harm of negative gender stereotypes. The state has indicated it will not abandon that requirement.

Appeal and legal pathway

California has 30 days from receipt of the termination letter to submit a notice of appeal to the Departmental Appeals Board under federal regulation. A CDPH spokesperson repeated the state's position that its PREP curriculum is medically accurate, comprehensive, and age-appropriate. The outcome of any appeal could set a precedent for how far federal grant conditions can override state sex education mandates.

Broader federal pressure on other states

According to NBC 7 San Diego, ACF sent letters to all states and territories receiving PREP funding demanding removal of gender ideology content, not only to California. Oregon's Health Authority responded to the demand by stating the agency is committed to making sure people in every Oregon community can access the services they need. Oregon had not yet had its grant terminated as of the report. An HHS press release from HHS Acting Assistant Secretary Andrew Gradison noted that accountability will extend to every state that uses federal funds to teach children gender ideology.

Analysis

By the Formative Spaces Newsroom, written after the reporting above was filed.

A federal court has already blocked these conditions for 16 states. California's money is still exposed.

On October 27, 2025, U.S. District Judge Ann Aiken granted a preliminary injunction blocking HHS from enforcing the same gender-identity removal conditions on PREP grants for 16 states plus D.C. California is not among those plaintiffs; it chose the agency appeals route, filing its DAB appeal on September 19. The Oregon ruling undercuts the legal theory HHS used to terminate California's grants, but California's funding is not currently protected by that injunction. Watch whether California joins the litigation or whether the DAB appeal cites the Oregon ruling.

$12.3 million is unclaimed future money. The annual value is $450 per youth served.

The $12.3 million figure covers remaining funding across three fiscal years that California had not yet drawn down, not money the state had already received or spent. California's annual PREP award is about $5.86 million, serving roughly 13,000 youth each year. That works out to approximately $450 per child per year. The entire PREP program distributes about $75 million nationally; the smallest state grants are $250,000 and New York's is $2.6 million.

What ACF calls "gender ideology" includes basic respect language, not just transition discussions.

The curriculum content ACF flagged goes well beyond medical or social transition. In Delaware, a facilitator instruction to "demonstrate acceptance and respect for all participants, regardless of personal characteristics, including sexual orientation or gender identity" was flagged as outside the statute. In Oregon, guidance on helping groups understand sexual orientation was flagged. This means compliance would require removing language that many parents would consider basic inclusivity instruction, not ideology.

Sources

  1. Administration for Children and Families, HHS. CA PREP Termination Letter, August 21, 2025 View
  2. Administration for Children and Families, HHS. 06.20.2025 PREP Noncompliance Letter to California View
  3. Fox News. Trump admin cuts California sex education program over 'radical gender ideology' View
  4. Them. Trump Admin Ends $12M Sex Ed Grant for California Schools Due to Trans Inclusion View
  5. California Legislature. California Education Code § 51933 (California Healthy Youth Act) View
  6. Administration for Children and Families, HHS. HHS Defunds California's Attempt to Indoctrinate Children with Gender Ideology View
  7. NBC 7 San Diego. States must ax transgender references from sex ed or risk losing funds, Trump admin says View
  8. U.S. District Court, District of Oregon (Eugene Division). State of Washington et al. v. HHS - Order Granting Preliminary Injunction, October 27, 2025 View
  9. Reuters. US judge to block Trump directive to erase 'gender ideology' from states' sex ed materials View
  10. Administration for Children and Families, HHS. State Personal Responsibility Education Program (PREP) Grantees - Award Amounts by State View