The Office of Kansas Attorney General Kris Kobach has notified the USD 259 School District in Wichita of allegations it may be in violation of state and federal law by engaging in gender transitioning of minors without parental consent.
In a letter to USD 259 board members, staff and parents, Assistant Attorney General Jay Rodriguez writes:
“Our office has received allegations that East High, and possibly other schools within your district, have engaged in gender transitioning of minors without parental knowledge or consent, and that you may have additional transgender policies which are not in conformance with federal and state law. I am writing to warn you that these policies make you vulnerable to lawsuits and the loss of federal funding, endanger your students, and violate the constitutional and legal rights of parents, students and your employees.
“Federal laws recognize the scientific fact that there are biological differences in males and females: “Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety and well-being.” 3 C.F.R. 8615 (2025); see also 3 C.F.R 9279 (2025).
“Further, attempts to treat biological males who are transgender as biological females would illegally nullify Title IX protections:
The reinterpretation of Title IX to place gender identity on equal footing with (or in some instances arguably stronger footing than) biological sex would subvert Congress’ goals of protecting biological women in education. [This] would, among other things, require schools to subordinate the fears, concerns, and privacy interests of biological women to the desires of transgender biological men to shower, dress, and share restroom facilities with their female peers. Kansas v. U.S. Dept. of Education, Case 5:24-cv-04041-JWB-ADM at 23 (D. Kan. 2024).”
“Of crucial importance to your education programs, current federal regulations require that ‘[federal funds shall not be used to promote gender ideology.’ 3 C.F.R. 8615 (2025). The Attorney General of the United States has been empowered to bring enforcement actions to ensure Title IX compliance by all federally funded entities. This includes Lawrence Public Schools. Id; see also 3 C.F.R. 9279. In addition, K.S.A. § 77-207 requires school districts to categorize students by biological sex at birth, not by ‘gender identity’.”
Rodriguez added:
“Further, the U.S. Supreme Court has made clear that parents have a constitutional First Amendment right-applicable to individual states via the Fourteenth Amendment-to direct the religious upbringing of their children.’ This protection must be observed by public schools. Mahmoud v. Taylor, 2025 WL 1773627 (June 27, 2025). Thus, school policies that “substantially interfere with the religious development of the child or pose a very real threat of undermining the religious beliefs and practices the patent wishes to instill in the child” violate parents’ First Amendment rights.
“In addition, forcing faculty and staff to adhere to your policies may well result in litigation under Title VII. Recently, a Seventh Circuit federal court sitting in Illinois greenlighted a wrongful termination suit by a former teacher, where his employer had refused to permit him, for religious reasons, to opt out of the use of ‘preferred’ first names and/or pronouns that were inconsistent with students’ biological sex. Kluge v. Brownsburg Cmty. Sch. Corp., No. 24-1942, 2025 WL 2218112 (7th Cir Aug. 5, 2025). That school district must now attempt to defend a wrongful termination suit that seeks not only injunctions, backpay and interest, but also legal fees for what has already been six years of litigation. See Complaint at 1:19-cv-02462.
“In summary, you should avoid policies that: i) violate constitutional rights, ii) risk federal funding, and/or (iii) invite lawsuits.”
Rodriguez concluded by urging USD 259 to:
- Immediately cease interfering with parental-child relationships by “assisting” of encouraging a minor to “transition” without the knowledge of that child’s parents, and notify parents in situations where you become aware that a minor student appears to be struggling with any social or emotional issues;
- Identify books and other materials, known to be religiously objectionable, which are maintained by your school and made available to students;
- Identify any policy or practice where such books or materials are used in instruction, or where staff is given discretion to use them in instruction or supply them to students;
- Notify all parents of their right to have their student children excluded from such instruction.
- Allow parents to review books and other materials that they believe may interfere with their right to direct the religious upbringing of their children;
- Ensure that the children of parents who object to such materials or instruction, on religious grounds, are not subjected to such instruction.
USD 259 board members respond
We asked USD 259 board members for comment, and received this from Kathy Bond, who provided an email she sent to Superintendent Kelly Bielefeld:
I am writing to express my deep disappointment and concern regarding the lack of response from your office concerning the recent letter and email from the Attorney General’s office. As you are aware, that letter outlined serious allegations that our schools have engaged in the gender transitioning of minors without parental knowledge or consent.
Given the gravity of these allegations, I had expected timely communication, reassurance, and transparency from district leadership. The absence of any acknowledgment or clarification has left me feeling uncertain about the district’s position and practices. Matters involving student welfare, parental rights, and school policy demand prompt and open dialogue, especially when they carry significant legal and ethical implications.
Although I will be stepping down from the Board of Education on December 31, 2025, my name is attached to this warning, and I do not want any legal ramifications personally should the district not comply with the Attorney General’s request.
I respectfully request a clear response addressing:
- Whether the district has investigated or intends to explore the concerns raised by the Attorney General.
- What current district policies and procedures govern issues of gender identity, student privacy, and parental notification?
- How the district plans to ensure that parents remain fully informed and involved in matters impacting their children.
I believe strongly that trust between families and the school district can only be maintained through transparency, accountability, and respectful communication, as I have advocated for in the past four years. I look forward to your prompt response and hope the district will take immediate steps to address the concerns raised.
Bond also sent us a response she received from Bielefeld, also addressed to various district staffers:
I wanted to offer a quick update about the letter we received from the Attorney General’s office last Monday.
We believe our policies align with current law.
We have begun to look into the allegations made in the letter, and at this point, we don’t have any further information.
We will share updates with the Board as we have them.
Bond believes the superintendent is referring to the district’s policy on sexual harassment, which she provided.
Board President Diane Albert offered this response:
“Wichita Public Schools takes compliance with the State and Federal law seriously, and we appreciate the Attorney General’s role in upholding those laws. At this time, the Board of Education is not aware of the allegations referenced in the letter and has not yet discussed its broad recommendations. We will review the concerns with legal counsel to ensure continued compliance.”
