Last month, the U.S. Department of Education concluded an eight-month investigation by citing four Kansas school districts; Kansas City, Olathe, Shawnee Mission, and Topeka with violations of the Title IX civil rights law, and the Family Educational Rights and Privacy Act (FERPA) for alleged actions allowing males to use female locker room, restrooms and changing rooms and keeping information about gender transformation discussions from parents.
No response has been received from KCK or Topeka, but Olathe and Shawnee Mission have taken divergent courses of action.
Olathe has agreed to a “voluntary resolution” of its issue with the federal government. KSNT-TV reports part of the agreement reads:
“These cases have required significant time and resources that would otherwise have been directed toward classrooms and student support. While the district does not agree with and firmly rejects the allegations raised during this process, it chose to pursue a voluntary resolution after rmonths of discussions in order to remain focused on serving students and families, avoid prolonged disruption and financial impact, maintain our commitment to being good stewards of taxpayer dollars, and protect critical federal funding.”
The Johnson County Post adds that the district has pledged to update its policies regarding students’ gender identity, including guidance and training to state that participation in athletics “shall be based on the student’s sex.” In addition, Olathe also agreed to change its policy regarding restroom and locker room access to be “based on the student’s sex”, and its signed document explicitly defines sex as “a person’s biological classification at birth as either male or female as reflected on the student’s birth certificate.”
On the FERPA issue, the Post reports Olathe maintains it does not have “gender support plans”, but if they existed, they would be accessible under FERPA.
But Shawnee Mission has taken a different tack with the Department of Education, and in doing so, risks an estimated $1 million in federal funding, according to the Post.
KSHB-TV obtained the letter that the district’s attorneys sent to the federal government refusing to settle the complaint. It reads, in part:
“We were disappointed to receive these materials, as they contain inaccurate statements of law, false allegations of fact, and unreasonable conditions required for voluntary resolution of this investigation. Contrary to the Department’s findings, SMSD is in full compliance with Title IX of the Education Amendments of 1972 (“Title IX”), the Family Educational Rights and Privacy Act (“FERPA”), and Kansas state law, as outlined in its April 10, 2026 letter to OCR (Office of Civil Rights) (the “SMSD Letter”). SMSD has been fully cooperative with your investigation and strongly disputes the allegation that the District has “intentionally failed to provide the Department with access to sources of information to determine the District’s compliance with Title IX and FERPA during the investigation”. Finally, the Resolution Agreement you have provided contains provisions that are inconsistent with the values that inform our work of supporting all children in our communities. SMSD will not agree to the voluntary resolution agreement on the terms you’ve set forth.”
