The U.S. Department of Education has found that four school districts in Kansas violated federal laws on student privacy and sex-based protections, according to an official press release.The Department said its Student Privacy Policy Office and Office for Civil Rights concluded that Kansas City, Kansas Public School District, Olathe Public Schools, Shawnee Mission School District, and Topeka Public Schools failed to comply with the Family Educational Rights and Privacy Act and Title IX.
Findings on student records and parental access
According to the press release, the Student Privacy Policy Office found that district policies were likely to prevent parents from accessing information related to their child’s “gender transition.”The Department said the districts did not provide sufficient documentation to justify restricting parental access to such records. It stated that policies allowed schools to withhold information on students using different names or pronouns, including cases where different names may appear on official documents such as diplomas.The press release noted that such practices may violate parents’ rights under FERPA to access their children’s education records.
Title IX violations related to facilities and sports
The Office for Civil Rights found that multiple districts violated Title IX through policies linked to access to school facilities.According to the press release:
- Kansas City, Kansas Public School District and Topeka Public Schools allowed male students to use female restrooms, locker rooms, and participate in single-sex athletics based on gender identity.
- Olathe Public Schools and Shawnee Mission School District had similar policies for restrooms and changing facilities.
The Department also said Kansas City, Kansas Public Schools did not provide requested information during the investigation, which it described as a separate violation of federal law.Three districts acknowledged that male students had been allowed to use female facilities based on gender identity, the press release said.
Proposed corrective measures
The Department has issued proposed resolution agreements to all four districts.As per the press release, these include:
- Restricting participation in athletics based on sex rather than gender identity
- Ensuring access to restrooms, locker rooms, and similar facilities is based on sex
- Making student-related records, including “gender support plans,” accessible to parents and guardians
The Department stated that failure to reach an agreement could lead to enforcement action, including possible termination of federal funding.
Statement from the Department
In a statement cited in the press release, Assistant Secretary for Civil Rights Kimberly Richey said the policies “violate federal law” and raised concerns about student safety and parental rights.
Background to the investigation
The investigations were launched in August 2025 following complaints filed by the Defense of Freedom Institute, according to the press release.The Department also referred to a letter from Kris Kobach to Education Secretary Linda McMahon raising concerns about possible violations.The press release added that earlier guidance issued in March 2025 had identified the non-disclosure of student gender-related information to parents as a compliance concern under FERPA.
Legal framework
FERPA grants parents the right to access and seek correction of their children’s education records and limits disclosure of such information.Title IX prohibits sex-based discrimination in education programmes that receive federal funding.The Department said violations of either law can result in loss of federal funding following administrative or judicial action.
