U.S. Department of Education Finds Four Kansas School Districts Violated Federal Law

Today, the U.S. Department of Education (the Department)'s Student Privacy Policy Office (SPPO) determined that four Kansas school districts - Kansas City, Kansas Public School District; Olathe Public Schools; Shawnee Mission School District; and Topeka Public Schools (the Districts) - have policies that violate the Family Educational Rights and Privacy Act (FERPA). The Department's Office for Civil Rights (OCR) also concluded that the Districts violated Title IX of the Education Amendments of 1972 (Title IX).

Based on a lack of substantive documentation submitted by the Districts, SPPO found that the Districts had policies that were likely to prevent schools from notifying parents of their child's so-called 'gender transition,' even if the parent requested their child's records, thereby violating parents' rights under FERPA to access school records pertaining to their children. The Districts' policies allow schools to conceal from parents whether their children are using different pronouns, going by different names, or even having different names printed on their diplomas.

OCR determined that Kansas City, Kansas Public School District and Topeka Public Schools violated Title IX with policies that allow male students to use female restrooms, locker rooms, and changing rooms, as well as participate in single-sex athletics, based on "gender identity." OCR also concluded that Kansas City, Kansas Public Schools denied OCR access to information in violation of federal law. Additionally, OCR found that Olathe Public Schools and Shawnee Mission Public Schools violated Title IX with policies that allow students to use restrooms, locker rooms, and changing rooms based on "gender identity."

Olathe Public Schools, Shawnee Mission School District, and Topeka Public Schools all admitted to OCR that male students have been allowed to use female restrooms and locker rooms based on "gender identity." Shawnee Mission School District also has policies regarding participation in sports that raise significant compliance concerns.

"These Kansas school districts have allowed 'gender ideology' to run amok in their schools. These policies not only violate federal law, but are contrary to the sound judgment we expect from our educational leaders, and thoroughly disrespectful to parents who entrust school personnel to keep their children safe," said Assistant Secretary for Civil Rights Kimberly Richey. "Schools should never subject girls to unsafe, uncomfortable, and unfair environments, nor should they abuse their authority by hiding the most sensitive information about a child's health and wellbeing from that child's parents. The Trump Administration will always protect students and parents by enforcing Title IX and parental rights laws to the fullest extent of the law."

SPPO and OCR issued proposed Resolution Agreements to the Districts that specify actions to remedy the violations of Title IX and FERPA, including, but not limited to:

• The Districts will no longer allow students to participate in athletics based on "gender identity," rather basing participation on the student's sex;

• The Districts will ensure that the use of bathrooms, locker rooms, changing rooms, and overnight accommodations is based on sex, not "gender identity;" and,

• The Districts will inform school personnel that "gender support plans" and other related documents having to do with a student's so-called 'gender transition' will be made readily available and accessible to parents and guardians.

If any of the Districts fail to reach an agreement, the Department may initiate enforcement action, which could ultimately lead to the termination of federal funding via administrative and/or judicial proceedings.