The U.S. Department of Education’s Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) have started investigations into four Kansas school districts: Topeka Public Schools, Shawnee Public Schools, Olathe Public Schools, and Kansas City, Kansas Public Schools. The investigations follow a complaint by the Defense of Freedom Institute (DFI), which claims that these districts allow students to participate in sports and use facilities based on gender identity rather than biological sex. The DFI also alleges that the districts prevent staff from sharing a student’s transgender status with parents without the student’s consent.
These policies are under review for possible violations of Title IX of the Educational Amendments of 1972 and the Family Educational Rights and Privacy Act (FERPA). Title IX prohibits discrimination based on sex in education programs receiving federal funds, while FERPA is a federal law giving parents rights over their children’s education records.
Kansas Attorney General Kris Kobach sent a letter to U.S. Secretary of Education Linda McMahon expressing concerns about potential violations by the districts.
“The Kansas districts’ alleged behavior of allowing gender ideology to run amok in their schools is an affront not only to the law, but to the sound judgment we expect from our educational leaders. School personnel should not confuse and unsettle young girls by forcing them to share sex-separated sports and intimate facilities with boys; nor should school personnel abuse their position of authority by hiding sensitive information pertaining to a child’s health and wellbeing from that child’s parents,” said U.S. Secretary of Education Linda McMahon. “From day one, the Trump Administration promised to protect students and parents by restoring Title IX and parental rights laws to the fullest extent of the law. My offices will vigorously investigate these matters to ensure these practices come to an end.”
"Title IX was enacted to protect the rights of girls to equal educational opportunity and safety. Kansas had to sue and defeat the Biden Administration in federal court to stop them from dismantling Title IX," said Kansas Attorney General Kris Kobach. "I am grateful that we now have a federal government that takes Title IX seriously and will ensure that school districts follow the law."
According to SPPO guidance issued earlier this year, instructing school employees not to share information about a child's gender transition with parents is considered a major concern under FERPA regulations. The Department reminded state superintendents about their obligations under FERPA in a March Dear Colleague Letter, emphasizing parental rights regarding access to education records.
If found in violation of either Title IX or FERPA, educational entities could lose federal funding.
