(Updated to include comments from Democratic leaders in House and Senate and responses from school districts)
The U.S. Department of Education is launching an investigation into four Kansas school districts after receiving a complaint over policies for transgender students, including allowing them to access facilities based on gender identity rather than biological sex in violation of federal law.
The agency said it was responding to a complaint lodged by the Defense of Freedom Institute, alleging that the four districts permit students to participate in sports that coincide with their gender identity.
The group also says the districts – Shawnee Mission, Olathe, Topeka and Kansas City – have policies that prevent school officials from disclosing a student’s transgender status to their parents without the student’s consent.
“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,” U.S. Secretary of Education Linda McMahon said.
“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,” McMahon said in a statement.
The top House Democrat, Rep. Brandon Woodard of Lenexa, said the investigations show that Republicans are out of touch with the country’s needs.
“The MAGA Republicans in Washington, D.C., and Topeka are focused on political theatre and conducting sham investigations to distract from their failure to address the rising costs of groceries, housing, and childcare,” he said in a statement.
The top Senate Democrat, Dinah Sykes of Lenexa, shared a similar view.
“This is a clear example of how out of touch Republicans are with reality and with what is happening in our school buildings,” Sykes said.
“These vague, unspecified claims are a witch hunt and a distraction from providing a world-class education,” she said in a statement.
“They also deflect from the real issues that are impacting our students right now – like access to mental and physical health care, making sure families have food on the table, and the ongoing threat of losing the funding schools require to do their important work of preparing our kids for their futures.”
In June, Republican Attorney General Kris Kobach asked the Education Department to investigate the school districts.
He accused them of “concealing critical information from parents about their children’s psychological and emotional health, and by requiring students to share sex-separated intimate spaces with individuals of the opposite sex.”
Kobach said that three of the districts – Kansas City, Shawnee Mission and Topeka – allow students to access sex-separated spaces based on “self-declared gender identity.”
He also said the districts “flout” their obligations under the Family Educational Rights and Privacy Act, which allows parents to inspect and control access to the records of their children.
He said his office would be committed to assisting the Department of Education to ensure that the school districts named in the complaint withdraw policies that “cut parents out of decisions about their minor children’s education and upbringing…”
Olathe school officials say they are obligated to follow all state and federal laws to support students, staff and families.
“As a district, it is always our practice to work directly and partner with families and students as situations arise to ensure we are providing the appropriate and necessary support,” the district said in a statement Thursday.
“To be absolutely clear, it is our expectation that staff work directly with families regarding student-related matters involving their own child,” the district said.
“There have been no specific situations identified in Olathe Public Schools related to the allegations outlined in the investigation letter.”
Meanwhile, Shawnee Mission schools issued a statement saying it was not aware of any complaint alleging that the district’s practices for working with transgender students violates federal law that prohibits sex discrimination and ensures equal access to education.
It also said it was not aware of any parent of a transgender student filing a complaint alleging a violation of a federal law that protects the privacy of student education records and gives parents of minor students a right to access education records.
“As a public school district, we are dedicated to serving the needs of each and every student and take our responsibility to respect students’ civil rights and to provide equal access seriously,” the district said in a statement.
“Parents/guardians who have concerns about their child in relation to gender identity may contact Shawnee Mission School District administration at any time for support.
“We also are committed to following the law, and are confident that our practices align with federal and state laws. We look forward to being able to resolve the investigation in an expeditious manner.”
The Kansas City, Kansas, school district issued a statement saying it does not have a policy or procedure related to the allegations referenced by the Department of Education.
“Our district remains committed to full compliance with all state and federal laws. We are equally committed to ensuring that every student feels safe at school and can focus on learning,” the district said in its statement.
The Topeka school district did not respond to a request for comment.
The Defense of Freedom Institute for Policy Studies characterizes itself as a national nonprofit organization “dedicated to defending and advancing freedom and opportunity for every American family, student, entrepreneur, and worker….”
The group, based in Alexandria, Virginia, with revenues of $1.7 million in 2023, says its goal is “to protect the civil and constitutional rights of Americans at school and in the workplace.”
In its complaint, the group said the Olathe district directs its staff that “best practice” is to obtain parental consent when a student requests a change in name or pronouns.
But DFI said the district “lists vague, subjective criteria for keeping parents in the dark, including concerns that communication might ’cause trauma.’”
The DFI complaint also alleges that the Kansas City and Topeka unified districts have similar policies instructing staff not to disclose a student’s process of “gender transitioning” to parents unless the student gives permission — “directly violating (a federal legal) requirement that parents have access to their minor child’s records.”
DFI also cites a lawsuit brought by a Shawnee Mission teacher who said she was punished for using biologically accurate pronouns.
The group says the district’s internal guidance prohibits school staff from informing parents when a student requests a change in name or pronouns.
