Concluding an eight-month investigation, the federal Department of Education has found the Kansas school districts of Kansas City, Olathe, Shawnee Mission and Topeka in violation of civil rights law under Title IX and the Family Educational Rights and Privacy Act (FERPA).
While stating the substantive documentation provided by the districts was lacking, the Department of Education found:
The 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, thereby violating parents’ rights under FERPA to access school records pertaining to their children. The Districts’ policies allow schools to conceal from parents whether their children are using different pronouns, going by different names, or even having different names printed on their diplomas.
In addition, the Department also cited Kansas City and Topeka Districts with Title IX civil rights violations because the two districts had policies:
that allow male students to use female restrooms, locker rooms, and changing rooms, as well as participate in single-sex athletics, based on “gender identity.” OCR (Office of Civil Rights) also concluded that Kansas City, Kansas Public Schools denied OCR access to information in violation of federal law. Additionally, OCR found that Olathe Public Schools and Shawnee Mission Public Schools violated Title IX with policies that allow students to use restrooms, locker rooms, and changing rooms based on “gender identity.”
Olathe Public Schools, Shawnee Mission School District, and Topeka Public Schools all admitted to OCR that male students have been allowed to use female restrooms and locker rooms based on “gender identity.” Shawnee Mission School District also has policies regarding participation in sports that raise significant compliance concerns.
Kimberly Richey is Assistant Secretary of Education for Civil Rights:
“These Kansas school districts have allowed ‘gender ideology’ to run amok in their schools. These policies not only violate federal law, but are contrary to the sound judgment we expect from our educational leaders, and thoroughly disrespectful to parents who entrust school personnel to keep their children safe.
“Schools should never subject girls to unsafe, uncomfortable, and unfair environments, nor should they abuse 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.”
The investigation into the districts was initiated last August when the Defense of Freedom Institute and Kansas Attorney General Kris Kobach registered complaints with the Department about possible violations of federal law.
The Kansas districts have received Resolution Agreements from the feds specifying actions to remedy the violations of Title IX and FERPA:
- The Districts will no longer allow students to participate in athletics based on “gender identity,” but will base participation on the student’s sex;
- The Districts will ensure that the use of bathrooms, locker rooms, changing rooms, and overnight accommodations is based on sex, not “gender identity,” and
- The Districts will inform school personnel that “gender support plans” and other related documents having to do with a student’s so-called ‘gender transition’ will be made readily available and accessible to parents and guardians.
Failure to reach an agreement could result in the loss of federal funding, according to the ED letter.
Districts deny violating Title IX civil rights and FERPA
We contacted each cited district and asked whether its policies instructed employees to take actions that resulted in violations found by ED, such as ignoring parental notification and allowing males to use female restrooms and locker rooms. Each district denies violating Title IX and FERPA, which comes as no surprise to Dave Trabert, CEO of Kansas Policy Institute and the Sentinel.
“School districts professing innocence despite overwhelming evidence to the contrary is a time-honored tradition in Kansas. We annually provide evidence of districts violating the building needs assessment law by refusing to allow local school boards to conduct meetings with teachers and principals to identify proficiency barriers. State audits in 2019 and 2023 found districts illegally spending At-Risk funding. In every instance, district officials tell taxpayers not to believe their lying eyes.
“This is learned behavior. The Kansas Department of Education and the State Board of Education have the evidence, but choose to ignore it. KSDE requires school districts to comply with all “applicable” state and federal laws to be accredited, but it doesn’t consider the At-Risk funding law “applicable” to school improvement. In other words, KSDE and, by acquiescence, the State School Board are teaching school districts that they can decide which laws to follow.”
USD 500 Kansas City’s Director of Communication and Marketing, Markl Johnson, says, “KCKPS disagrees with the U.S. Department of Education’s determination which is not supported by the facts or law. KCKPS prohibits discrimination of any type in its programs or activities. KCKPS has acted and will continue to act in full good faith compliance with all applicable federal and state laws, including Title IX and FERPA. “KCKPS has also acted and will continue to act in full good faith compliance with all Kansas High School Athletic Association’s (KSHSAA) rules when it comes to interscholastic and intramural athletic activities.”
“KCKPS is dedicated to fostering a safe, supportive learning environment where every student can thrive. KCKPS will continue to work in partnership with students, parents and guardians to ensure open, respectful communication that supports student well-being and academic success.
USD 233 Olathe sent a letter to district residents that reads in part:
On Thursday, Aug. 14, 2025, Olathe Public Schools was informed that the U.S. Department of Education, Office of Civil Rights (OCR) and Student Privacy Policy Office (SPPO) were investigating the school district for alleged Title IX and FERPA violations. Olathe Public Schools is and has always been steadfast in its communication that we have not and do not violate state and federal law.
Unfortunately, this topic has become highly political and Olathe Public Schools and others have been thrust into the midst of political theatre and forced to respond to allegations that are completely unfounded or being grossly misrepresented, all on taxpayer time and money.
The district has complied with the investigation process, acted in good faith, and has worked to seek a resolution agreement. This commitment to moving forward and seeking resolution, however, has not been reciprocated. In fact, it has been far different from any other collaborative experience the district has had with the Department of Education and its staff. Discussions with these organizations did not occur in good faith, and there was a complete lack of any meaningful investigation. The result was findings not supported by information, but by incorrect and predetermined decisions.
To be clear, Olathe Public Schools is bound by law to provide a free and appropriate public education to all students. When working with families, we adhere to state and federal laws, as well as the Kansas High School Athletic Association’s (KSHSAA) guidelines when it comes to interscholastic and intramural athletic programs.
Throughout the investigation, OCR and SPPO have attempted to retroactively hold Olathe Public Schools accountable to laws and executive orders that were not applicable during the period in question. In addition, there are several inaccuracies within the Department of Education’s latest press release related to their findings, including a statement that Olathe Public Schools “violated Title IX with policies that allow students to use restrooms, locker rooms, and changing rooms based on ‘gender identity.’” The district has no such policies.
Of course, not having a policy that allows such practices doesn’t mean they haven’t occurred.
USD 512 Shawnee Mission sent a statement to parents that read, in part:
The OCR finding was premature, not based on evidence, and potentially damaging to SMSD’s ability to continue to provide excellent services to all students. Rather than engage with SMSD and discuss the relevant facts and case law, OCR has chosen to act upon rumor and hearsay. Their press release, issued prior to any direct communication to SMSD, shows that the outcome of their “investigation” was pre-determined. The SMSD has fully cooperated throughout this process and given the facts it shared with the OCR fully expected to be cleared from these allegations. Instead we read online misinformation such as: “Shawnee Mission School District also has policies regarding participation in sports that raise significant compliance concerns.” As the attached letter indicates, this allegation is meritless. Despite repeated requests, OCR has not provided SMSD with any evidence that demonstrates unlawful conduct or in any way supports the OCR allegation. To the contrary, it seems as if OCR was determined to issue their so-called “findings” of a Title IX violation regardless of any information provided by SMSD. The truth doesn’t seem to matter to the Department, as they are determined to pursue a political agenda by antagonizing a school district despite its clear compliance with law. It seems as if OCR has written a “playbook” and we are simply pawns in this narrative.
USD 501 Topeka’s General Director of Instructional Studies, Dr. Aarion Gray, writes:
Topeka Public Schools is guided by core beliefs that strong schools are built on inclusive and supportive communities, and that all students deserve equitable access to opportunities that prepare them for success. These principles shape our work and reflect our unwavering commitment to students, families, and staff.
The district recently received correspondence from the U.S. Department of Education’s Office for Civil Rights. Topeka Public Schools has cooperated fully throughout this process and has consistently provided information demonstrating that our policies and practices align with applicable state and federal laws, including Title IX and FERPA. USD 501 has always complied with the Family Educational Rights and Privacy Act and honored parents’ right to access education records and information regarding their student. The district does not withhold or hide any student educational records from parents.
We are concerned with the manner in which this matter has been communicated publicly prior to a full and collaborative resolution process. Topeka Public Schools remains confident in its compliance with the law and in the steps taken to support and protect all students. We will continue to work in good faith with the Office for Civil Rights to address any questions and seek a resolution through established processes.
Our commitment to students remains the same. Topeka Public Schools will continue to provide a safe, secure, and inclusive learning environment where every student is respected, supported, and positioned for success. The safety, dignity, and well-being of our students and staff remain our highest priorities.
The district will continue to review the correspondence and evaluate next steps while remaining focused on serving the needs of our school community.
