Federal Agencies Warn Two Kansas Districts

The U.S. Department of Justice and Department of Education announced increased enforcement measures against two Kansas school districts over their gender-inclusive policies.

In April, the Education Department found four public school districts, Olathe, Shawnee Mission, Topeka and Kansas City, Kansas, in violation of federal Title IX civil rights protections. The violations included allowing students to change their name or pronouns at school without clear communication to parents and permitting transgender students to use restrooms, locker rooms and changing rooms that align with their gender identity.

On Tuesday, the Education Department said it would work with the DOJ’s Civil Rights Division to take enforcement measures against the Olathe and Shawnee Mission districts for failing to comply with the Family Educational Rights and Privacy Act, or FERPA.

The Education Department warned that failure to comply could lead to legal action and potential loss of federal funding.

In a news release, the department stated that these policies encourage schools to conceal from parents whether their child uses different pronouns and even permit schools to print a different name on diplomas without parental knowledge or consent. It added that withholding such sensitive information from parents when they request records is a clear violation of FERPA.

The Education Department issued letters to local and state education agencies on Wednesday with reminders about FERPA guidelines as the new school year begins. The release said the reminder comes amid rampant reports of schools withholding records related to a child’s gender or gender transition from parents.

The department said it had proposed resolution agreements with Olathe and Shawnee Mission earlier this year, but the Shawnee Mission district never agreed to one.

In a letter to the Education Department’s Student Privacy Policy Office, the Shawnee Mission district’s legal representation argued that the office’s findings did not violate FERPA. The letter claimed the findings ignored that the district requires proof of parental involvement in official student name change requests. It stated that nothing about the district’s approach to student names, pronouns or gender violates or implicates FERPA, and that the district remains in compliance.

The Olathe district signed a voluntary resolution agreement in May that outlined its commitment to giving students access to gender-specific facilities strictly on the basis of sex. However, the Education Department rejected that agreement.

The Olathe district has maintained throughout the investigation that there have been no Title IX or FERPA violations in its schools. It said it has outlined its communication with the department and any legal correspondence on its website.

A district press release quoted Olathe Public Schools as saying the drawn-out political display continues to rob time and resources from educating children. The district said it will continue to defend the integrity of its people and practices and remains committed to serving students, supporting families and complying with all applicable federal and state laws.

On Tuesday, the Education Department announced that its Student Privacy Policy Office had entered a resolution agreement with the Topeka school district to uphold parental rights and come into compliance with federal law.

The agreement’s guidelines include not creating gender support plans, allowing any existing gender support plans on file to be reviewed by parents, adding FERPA content into staff training and revoking any guidance that prevents schools from keeping parents informed about their students.

The source of this reporting is The 74 Million.