Today, the U.S. Department of Education's (ED's) Student Privacy Policy Office (SPPO) announced it has entered a Resolution Agreement with Topeka Public Schools following an investigation that found the District was maintaining policies that violate parental rights under the Family Educational Rights and Privacy Act (FERPA). SPPO also announced it will work alongside the U.S. Department of Justice's (DOJ's) Civil Rights Division (CRT) to take appropriate enforcement measures against Olathe Public Schools and Shawnee Mission Public Schools for failing to substantially comply with FERPA.

In April 2026, SPPO found that Topeka Public Schools, Olathe Public Schools, and Shawnee Mission Public Schools (the Districts) maintain policies that instruct schools to hide information related to students' "gender identity" from their parents. These policies encourage schools to conceal from parents whether their child uses different pronouns and even permits schools to print a different name on students' diplomas without parental knowledge or consent. Withholding such sensitive information from parents when they request their children's records is a clear violation of FERPA.

By entering into a Resolution Agreement with SPPO, Topeka Public Schools promises to uphold parental rights and come into compliance with federal law by taking substantial corrective action, including:

• Informing all educational personnel that the District will no longer create 'gender support plans,' and any school that has a "gender support plan" on file must allow the records to be reviewed by parents;

• Rescinding any prior guidance that prevents schools from keeping parents informed about their children; and,

• Incorporating FERPA content into all teacher and administrator training programs. This content must be pre-approved by SPPO to ensure it accurately instructs educators on federal parental rights law.

Though ED proposed similar Resolution Agreements to Olathe Public Schools and Shawnee Mission Public Schools, these Districts refused to come into voluntary compliance with FERPA. SPPO is therefore partnering with CRT to take enforcement action against Olathe Public Schools and Shawnee Mission Public Schools, which could include judicial proceedings and potential loss of federal funding.

"As kids across America head back to school, the Trump Administration is more dedicated than ever to ensuring all schools are respecting parental rights laws," said U.S. Secretary of Education Linda McMahon. "I am glad to see Topeka Public Schools was willing to come to the table and work with us to come into compliance with federal law. I hope more school districts will take this necessary step voluntarily, but our work is far from finished. Schools that continue to hide information from parents will find that ED and DOJ stand ready to resolve violations of parental rights efficiently and effectively."

Background

In August 2025, ED launched investigations into four Kansas school districts - Kansas City, Kansas Public Schools, Topeka Public Schools, Olathe Public Schools, and Shawnee Mission Public Schools - based on a letter from Kansas Attorney General Kris Kobach sent to U.S. Secretary of Education Linda McMahon expressing concern about these potential FERPA and Title IX violations.   

In April 2026, SPPO determined that the Districts' policies violate parents' rights under FERPA. ED's Office for Civil Rights (OCR) also found the Districts in violation of Title IX for allowing men to use female restrooms, locker rooms, and changing rooms.

In June 2026, OCR issued Topeka Public Schools, Olathe Public Schools, and Shawnee Mission Public Schools Letters of Impending Enforcement Action for failing to comply with Title IX. OCR also issued a Letter of Impasse to Kansas City, Kansas Public Schools for its Title IX violations.

Also in June 2026, ED entered into interagency agreements with DOJ to bolster enforcement of our nation's student privacy and civil rights laws. Following the start of this partnership, when Kansas City, Kansas Public Schools refused to come into voluntary compliance with FERPA, ED and DOJ announced a coordinated enforcement effort similar to the action taken against Olathe Public Schools and Shawnee Mission Public Schools today.

FERPA is a federal privacy law enforced by the Department's SPPO. FERPA gives parents the right to access their children's education records, the right to request record corrections or amendments, and the right to control (with important exceptions) the disclosure of personally identifiable information in education records. Policies that instruct teachers, counselors, and other employees to hide a child's "gender identity" records from parents infringe on parents' rights under FERPA.  

In March 2025, SPPO sent a Dear Colleague Letter (DCL) to state superintendents reminding them of their compliance obligations under FERPA, designating the practice of hiding a child's "gender identity" from that child's parents as a "priority concern" for SPPO. Secretary McMahon attached a cover letter to the DCL, stating that "by natural right and moral authority, parents are the primary protectors of their children."  

Violation of FERPA and/or Title IX can result in termination of an educational entity's federal funding.