The Title IX Special Investigations Team (Title IX SIT) has initiated an investigation into the Washington Office of the Superintendent of Public Instruction (OSPI). This investigation is a joint effort by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ). The probe follows reports that OSPI may have set requirements for school districts which could breach federal laws such as Title IX, the Family Educational Rights and Privacy Act (FERPA), and the Protection of Pupil Rights Amendment (PPRA).
Several school districts in Washington State have expressed concerns that OSPI mandated the adoption of policies permitting males to participate in female sports and use female-only facilities, which may infringe upon Title IX.
In a recent development, OSPI's communication to the La Center School District raised questions about potential violations of federal parental rights laws. The ED-DOJ Title IX SIT, with support from ED’s Student Privacy Policy Office (SPPO) and the Office for Civil Rights (OCR), has thus commenced a thorough investigation.
U.S. Secretary of Education Linda McMahon stated, “Today’s investigation into Washington OSPI is a first-of-its-kind, bringing together ED and DOJ, and multiple offices within ED, to adjudicate several potential violations of federal law.” She also mentioned that Washington State might be coercing districts to withhold 'gender identity' information from parents and to enforce gender-related policies. She added, “If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration.”
Earlier this month, ED’s Office of the General Counsel issued a letter addressing a state administrative tribunal where OSPI threatened the La Center School District with the potential withdrawal of state funds over the district's refusal to implement certain policies. In February, OSPI directed La Center not to share students’ gender identity information without their consent, potentially conflicting with FERPA provisions. OSPI also required La Center to train staff using material aimed at eliminating gender identity biases, which could breach PPRA norms on consulting parents about student privacy protection policies.
Title IX prohibits sex-based discrimination in education programs or activities funded by the federal government. FERPA and PPRA, enforced by the SPPO of the Department of Education, ensure parents’ rights to access their children’s educational records, request corrections, and manage the disclosure of personal information. PPRA provides parents the right to opt-out when schools solicit sensitive information via surveys.
Recently, the ED’s SPPO dispatched a Dear Colleague Letter reinforcing the need for compliance with parental rights laws. The letter stressed that state mandates do not eclipse federal directives, reminding educational institutions that receive federal support of their obligations under FERPA, PPRA, and their regulations.
Failure to adhere to Title IX, FERPA, or PPRA could result in the cessation of federal funding for educational entities.
