The Department of Education announced Thursday it has opened an investigation into four Kansas school districts regarding policies that allow teachers to maintain confidentiality with students about their gender identity.
The department’s Office for Civil Rights and Student Privacy Policy Office launched investigations into Topeka Public Schools, Shawnee Public Schools, Olathe Public Schools, and Kansas City Public Schools.
The investigations came after a complaint was filed in June by the Defense of Freedom Institute that alleged the districts’ policies allow students to participate in sports and use restrooms and locker rooms based on gender identity instead of biological sex. Such policies also prevent school officials from disclosing a student’s transgender status to their parents without the student’s consent, according to the complaint.
The complaint claims such policies potentially violate Title IX of the Educational Amendments of 1972 and the Family Educational Rights and Privacy Act.
Republican Kansas Attorney General Kris Kobach also sent a letter to Secretary of Education Linda McMahon in June expressing concern about the districts’ potential Title IX and FERPA violations.
“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,” McMahon said in a statement. “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 well-being from that child’s parents.”
Kansas law prohibits transgender and biological girls from playing sports together and bans transgender girls from school locker rooms and bathrooms.
“Title IX was enacted to protect the rights of girls to equal educational opportunity and safety,” Kobach said in a statement. “Kansas had to sue and defeat the Biden administration in federal court to stop them from dismantling Title IX. I am grateful that we now have a federal government that takes Title IX seriously and will ensure that school districts follow the law.”
Aarion Gray, a spokesperson for Topeka Public Schools, told The Hill the district “recognizes the importance of parental rights and understands that student success is best achieved when families are actively involved in their child’s education.”
“We are committed to working in partnership with parents, keeping them informed and engaged in all decisions that impact their student’s educational experience. Our district remains dedicated to ensuring that families are fully supported, valued, and involved every step of the way,” Gray said in an email.
In a statement, the Shawnee Mission School District told The Hill it is not aware of any complaint by a parent or student alleging its policies violate federal law. Becky Grubaugh, executive director of communications and community relations for Olathe Public Schools, told The Hill the district had not received any formal notification that it was under investigation.
A spokesperson for Kansas City, Kansas Public Schools did not immediately return a request for comment.
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