KANSAS CITY, Mo. — Kansas Attorney General Kris Kobach penned a letter Tuesday to U.S. Department of Education Secretary Linda McMahon asking the department to investigate the “illegal social transition policies” of four school districts in the state.
The districts named include Kansas City, Kansas, Public Schools USD 500, Olathe Public Schools USD 223, Shawnee Mission School District USD 512 and Topeka Public Schools USD 501.
In the letter, Kobach alleges the districts are violating the Family Educational Rights and Privacy Act (FERPA) by enforcing policies that “allow or require teachers to conceal from parents information concerning the ‘social transitioning’ of their children.”
Social transitioning refers to expressing oneself in a way that aligns with one’s gender identity, which can include using a different name, different pronouns and/or dressing differently.
“That a Kansas school district would so cavalierly act to hide such information from parents is shockingly irresponsible,” Kobach said in a news release pertaining to the letter.
Kobach’s second issue listed in the letter was that students are “forced to share bathrooms, locker rooms and other intimate spaces based on a student’s proclaimed gender identity” rather than sex in the Kansas City, Shawnee Mission and Topeka districts.
He claimed such practices violate Title IX, compromising the “privacy rights and dignity of students in these districts.”
Kobach’s concerns stemmed from a Defense of Freedom Institute complaint filed Tuesday, June 24, regarding the policies of the four districts.
This is not the first time Kobach has expressed discontent with the districts over gender identity issues.
In 2023, Kobach sent a letter to six districts over their policies “requiring or allowing school staff to hide from parents information about their minor children’s process of ‘social transitioning’ at school.”
He said two of the districts made changes while the four others — KCK, Olathe, Shawnee Mission and Topeka — “refused.”
Kobach said he “respectfully” urges the Department of Education to review his letter detailing the “harmful and illegal district policies.”
The attorney general said the best outcome of the letter would be an investigation into the districts failing to comply with FERPA and Title IX.
“In the event that these entities open such an investigation, my office would be fully committed to cooperating with your Department’s Student Privacy Protection Office and Office for Civil Rights to ensure that the school districts named in DFI’s letter rescind policies that cut parents out of decisions about their minor children’s education and upbringing and replace them with policies that restore the rule of law, parental rights, and common sense in these districts,” Kobach wrote in his letter.
Olathe Public Schools shared a lengthy statement in response to Kobach's request for an investigation. The district wrote it "does not have time to engage in political agendas."
"Olathe Public Schools is obligated to follow all state and federal laws to support our students, staff and families. As a district, it is always our practice to work directly and partner with families and students as situations arise to ensure we are providing the appropriate and necessary support. To be absolutely clear, it is our expectation that staff work directly with families regarding student-related matters involving their own child(ren). The Olathe Public Schools does not and has never socially transitioned our students.
"Olathe Public Schools received written communication from the Attorney General’s office on Dec. 11, 2023, regarding concerns about student pronouns and gender identity. The district responded directly to the Attorney General’s office on Dec. 19, 2023. On Feb. 8, 2024, the district was also made aware of a press release sent from the Attorney General’s office related to the same concern. The district immediately responded to his concerns upon being notified and worked through multiple correspondences to schedule a meeting with the Attorney General’s office in person.
"On Tuesday, March 26, 2024, the Olathe Public Schools superintendent and staff counsel met with two attorneys from the Attorney General’s office, as Attorney General Kobach did not meet with the district. In that meeting, the district repeatedly sought clarity from the Attorney General’s office regarding specific changes that they believed should be made by the district. The district also asked the Attorney General’s office to identify specific situations involving Olathe Public Schools students, staff or families that they were aware of in which the district was not following state or federal laws. However, the Attorney General’s office would not provide specific input or information regarding any alleged violations of state and federal laws by the district.
"Due to the limited information shared by the Attorney General’s office, the district was left with no actionable information to make change. Despite the district’s willingness to remedy any concerns, the result of the meeting and overall interaction left the district feeling as though they were part of a larger political agenda. As the second largest district in the state supporting tens of thousands of students, Olathe Public Schools does not have time to engage in political agendas. Our focus is and will always be educating our students for their future."
KSHB 41 has reached out to KCKPS and SMSD as well. This story will be updated if/when responses are received.
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