Federal agencies threaten to punish two Kansas school districts over gender-inclusive policies 

LAWRENCE — The U.S. Department of Justice and Department of Education announced a plan for increased enforcement measures against two Kansas school districts for their gender-inclusive policies. 

In April, the department found four public school districts — Olathe, Shawnee Mission, Topeka and Kansas City, Kansas — were in violation of federal Title IX civil rights protections. Reasons included allowing students to change their name or pronouns used at school without clear communication to parents and allowing transgender students to use the restroom, locker room and changing room that aligns with their gender identity.

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

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

“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,” the release said. “Withholding such sensitive information from parents when they request their children’s records is a clear violation of FERPA.”

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

The Education Department said it proposed resolution agreements with Olathe and Shawnee Mission school districts earlier this year, and that the Shawnee Mission district never agreed to a resolution. 

In a letter addressed to the Education Department’s Student Privacy Policy Office, the Shawnee Mission school district’s legal representation said the office’s findings did not violate FERPA. The letter also said the office’s findings ignored that the district requires proof of parental involvement in official student name change requests.

“Nothing about SMSD’s approach to student names, pronouns, or gender violates or even implicates FERPA,” the letter said. “SMSD has been and remains in compliance with FERPA.”

The Olathe district signed a “voluntary resolution agreement” in May outlining the district’s commitment to giving students access to gender-specific facilities “strictly on the basis of sex.” The agreement was rejected by the Education Department. 

The Olathe district has said throughout the department’s investigation there have been no Title IX or FERPA violations in its schools, and outlined district communication with the department as well as any legal correspondence on its website.

“The unfortunate continuation of this drawn-out political display continues to rob time and resources from the work that matters most as a public school system: educating our children,” said a district press release. “Olathe Public Schools 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.”

The Education Department announced Tuesday that its Student Privacy Policy Office 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 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.