U.S. Education Department: Gender-inclusive policies at four Kansas school districts violate law
U.S. Education Secretary Linda McMahon takes in a selection of grade school students’ patriotic artworks and high schoolers’ recent output in a special installation set up at Exeter-West Greenwich Regional Junior High and High School in Rhode Island on Monday, Jan. 12, 2026. (Photo by Alexander Castro/Rhode Island Current)
TOPEKA — The U.S. Department of Education told four Kansas school districts on Friday their gender-inclusive policies violate federal student protections.
Kimberly Richey, assistant secretary for civil rights in the department, said Kansas City, Kansas Public School District, Olathe Public Schools, Shawnee Mission School District and Topeka Public Schools “have allowed ‘gender ideology’ to run amok in their schools.”
The department concluded the districts violated Title IX and the Family Educational Rights and Privacy Act, or FERPA, after a months-long investigation stemming from a complaint from a right-wing organization that had the support of the Kansas Attorney General.
It threatened to pull federal funding if the districts fail to change their policies
The department’s Student Privacy Policy Office, which was launched during the first Trump Administration, found that all four 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,” which violates FERPA.
The department’s Office for Civil Rights determined the Kansas City, Kansas, and Topeka districts violated Title IX with “policies that allowed male students to use female restrooms, locker rooms, and changing rooms, as well as participate in single-sex athletics, based on ‘gender identity.’” The department said Kansas City, Kansas Public Schools denied the office access to information, violating federal law.
Olathe and Shawnee Mission Public Schools were also found to be in violation of Title IX because of policies allowing students to use restrooms and locker rooms based on gender identity. The department said Shawnee Mission also had sports participation policies “that raise significant compliance concerns.”
Richey insinuated the schools subjected “girls to unsafe, uncomfortable and unfair environments,” and abused “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,” she said.
To remedy the violations, the department asked the districts to base sports participation on sex; ensure bathrooms, locker rooms, changing rooms and overnight accommodations aren’t based on gender identity; and inform school staff that documents related to a student’s gender transition — including gender support plans — be made available to parents and guardians.
The department threatened enforcement action if the districts don’t reach an agreement with the department, which could lead to elimination of federal funding.
The Defense of Freedom Institute for Policy Studies, a conservative nonprofit founded by two former Trump administration officials, initially submitted a 35-page complaint about the districts’ policies, encouraging the federal government to pull their funding. Kansas Attorney General Kris Kobach also sent a letter to U.S. Secretary of Education Linda McMahon urging investigation into the districts.