USD 501 Topeka became the first of four Kansas school districts to settle a dispute with the federal government, which found its policies toward transgender students violated federal civil rights law.
Earlier this year, the U.S. Department of Education also found school districts in Kansas City, Kansas, Olathe and Shawnee Mission had violated the Family Educational Rights and Privacy Act (FERPA) and Title IX. According to its news release, the Education Department cited USD 501 for having policies that encourage schools to conceal from parents whether their child uses different pronouns and even permit schools to print a different name on students’ diplomas without parental knowledge or consent. Withholding such sensitive information from parents when they request their children’s records, according to the Department, is a clear violation of FERPA. The other districts have yet to settle their federal complaints.
In the settlement, the Topeka school district has pledged to:
- Inform all educational personnel that the District will no longer create ‘gender support plans,’ and any school that has a “gender support plan” on file must allow the records to be reviewed by parents;
- Rescinding any prior guidance that prevents schools from keeping parents informed about their children; and
- Incorporating FERPA content into all teacher and administrator training programs. The Student Privacy Policy Office must pre-approve this content to ensure it accurately instructs educators on federal parental rights law.
Despite the agreement, Aarion Gray, spokesman for USD 501, referred to the dispute as “unsubstantiated”, saying no parent had filed a complaint with the district over the policies:
“While the district respectfully disagrees with the OCR’s (Office of Civil Rights) findings and continues to assert it complies with FERPA and has consistently supported parents’ rights to access their students’ education records, it has chosen to enter into a voluntary Resolution Agreement. This decision preserves the federal funding that supports educational opportunities and services for all USD 501 students, and avoids unnecessary litigation costs so that district resources remain focused on students, classrooms, and learning. The district does not have any gender support plans.”
Education Secretary Linda McMahon welcomed the agreement with the Topeka district:
“As kids across America head back to school, the Trump Administration is more dedicated than ever to ensuring all schools are respecting parental rights laws.
“I am glad to see Topeka Public Schools was willing to come to the table and work with us to come into compliance with federal law. I hope more school districts will take this necessary step voluntarily, but our work is far from finished. Schools that continue to hide information from parents will find that ED and DOJ (Department of Justice) stand ready to resolve violations of parental rights efficiently and effectively.”
