DOJ threatens to sue Kansas City, Kansas, Public Schools over transgender student guidelines policy

KSHB 41 reporter Rachel Henderson covers neighborhoods in Wyandotte and Leavenworth counties. Share your story idea with Rachel.

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The Department of Justice gave Kansas City, Kansas, Public Schools 14 days from July 21 to respond to federal concerns about the district's transgender student guidelines. The district must comply or face a civil lawsuit.

DOJ's letter

The DOJ letter, signed by Assistant Attorney General for Civil Rights Harmeet K. Dhillon and United States Attorney for the District of Kansas Ryan A. Kriegshauser, accuses KCKPS of substantial noncompliance with the Family Educational Rights and Privacy Act of 1974, known as FERPA.

The Department of Education has partnered with the DOJ to initiate enforcement proceedings.

This comes at a time when KCKPS and other districts have been the subject of DOE violations.

The letter cites recordings in which Dr. Canise Salinas, KCKPS assistant superintendent of organizational development, refers to a "transgender guideline" that another unidentified person calls a "document."

According to the letter, Salinas asserts the guideline is not made available to the school community and is instead safeguarded by certain "gatekeepers."

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The letter also references recordings of Lauren Hernandez, KCKPS organizational development specialist, discussing her willingness to obscure information from a student's father based on the father's religious affiliation.

The DOJ says the district's policies appear to violate FERPA, which requires schools receiving federal funds to allow parents to inspect and review their children's education records.

The letter states that under FERPA, education records include any record, note, email, or other document maintained by KCKPS that contains information about a student's transgender status, gender identity, sexual orientation, preferred name, pronouns or related matters.

DOJ's demands

To avoid litigation, the DOJ is demanding KCKPS take the following actions within 14 days of the letter, dated July 21:

• Cease all enforcement of the transgender guideline and any related regulations, guidelines, or practices that prohibit or restrict disclosure of information about a student's transgender status, gender identity, sexual orientation, preferred name, or preferred pronouns to parents or guardians.
• Evaluate all KCKPS policies, guidelines and practices to ensure they protect parents' rights under FERPA.
• Issue a written directive to all KCKPS staff clarifying that no policy, guideline or practice may prevent parents from accessing their children's education records.
• Provide written confirmation signed by the superintendent of schools and board president that those actions have been completed.
• Produce any versions of the transgender guideline that have been in place since 2017.

The letter warns that if KCKPS fails to comply, the United States will file a civil action to enforce FERPA's conditions and seek all other appropriate relief.

The letter was copied to Kansas Attorney General Kris Kobach.

2 versions

At the center of the dispute are two versions of the district's transgender student policy.

A version dated 2016 that has been circulating online states that school personnel "should not disclose information that may reveal a student's transgender status or gender nonconforming presentation to others, including parents and other school personnel, unless legally required to do so or unless the student has authorized such disclosure."

The district says that language does not reflect its current policy.

The district's internal guidance document, which it says is the most updated version of the policy, is titled "USD 500 Transgender and Gender Non-Conforming Students Internal Guidance Document."

The current policy states that if any staff member learns a student is transgender or gender non-conforming, that information should be relayed to the school principal without delay, and that the principal should then discuss available accommodations and resources with the student or the student's parent or legal guardian.

However, the district's current policy also allows students to request their transgender or gender non-conforming status not be disclosed to their parents or legal guardians.

Those requests are evaluated on a case-by-case basis by the executive director of student services and family support, the director of student support programs, the assistant superintendent of organizational development, and the district's attorney.

The policy states that when reviewing such a request, the district will consider the student's age, grade level, welfare and any other relevant information.

The district's current policy outlines a school planning meeting process that can include the student, parents or legal guardians, school counselors, social workers, psychologists, nurses and other relevant staff.

Topics covered at those meetings can include the student's preferred name, preferred gender, preferred pronouns, school records, restroom and locker room use, field trips, plans for gendered activities such as sports, and additional resources.

The policy also calls for a written plan to be developed at the planning meeting, an implementation meeting to follow, a 30-day follow-up with the student or parent or legal guardian, and an annual planning meeting to evaluate whether the plan continues to meet the student's needs.

The letter has reignited a debate in the community, with parents, faith leaders and former educators weighing in on both sides.

Pastor's plea

Kelly Lohrke, pastor of The Cure Church in Kansas City, Kansas, shared the video the DOJ appears to reference online.

Rachel Henderson/KSHB 41

He said a whistleblower came to his office and dropped off a thumb drive containing videos affiliated with the school district.

"We did not edit anything from it," Lohrke said.

Lohrke has preached at The Cure Church for 32 years and said he first raised transparency concerns about the district's policies at a school board meeting in June, though he was not able to speak at that meeting.

He also addressed the school board on the topic last week. Dozens of his church members attended to support.

"I've pastored this community for years, and I have families that are concerned," Lohrke said.

Lohrke said his central concern is parental notification, not the students themselves.

"I've never said anything against those kids, or anything,” Lohrke said. “My whole issue was, you cannot keep secrets from parents.”

He says his faith calls him to "tell the truth."

“For me, it’s not politics; it’s my belief,” Lohrke said. “What is abuse? If a parent doesn’t agree with a choice a child makes, [it] doesn’t mean they’re hateful. But let that family work it out.”

He said he hopes the district complies with the DOJ's demands.

"I'm hoping that they just address it and get things in order in our schools and they follow the law," Lohrke said.

Lohrke said his church has faced backlash since he shared the video, including protests outside the church and threatening messages directed at him and church members.

"We were bombarded with hundreds if not thousands of inboxes, social media posts from schoolteachers and school officials calling us a cult, calling us satanic, calling me a child molester," Lohrke said. "I don't like being bullied. I think it's horrible.”

Parent's perspective

On the other side of the conversation is Sarah Oltvedt, a former KCKPS parent whose child, now 13, asked to use she/her pronouns while in first grade at a district school.

Rachel Henderson/KSHB 41

Oltvedt said the experience with the district was positive.

"Really happy with the schools..." Oltvedt said.

She said the teacher contacted her directly when her child made the request.

"The teacher called me and said, 'Hey, this is what's happening in the classroom. Your child has made a request,'" Oltvedt said. "From there, we talked to the counselors and the social workers there at the school, and we talked about bullying and accommodations as far as where to use the restroom, things like that. Very practical matters.”

Oltvedt, a former educator herself, said the district was careful to respect her family's role in the process.

"How we handled it at home wasn't their issue or their concern," she said. "They just wanted to make sure that we were aware of what was being talked about in the classroom and that they were responding in a way that made my child feel safe and comfortable."

She said she believes schools have a responsibility to students, while also acknowledging the complexity of the issue for families.

Rachel Henderson/KSHB 41

"The school does have a responsibility to make sure that child feels safe and welcomed and part of the community at school," Oltvedt said. "I really do think it is important that kids have some autonomy about this. It's not to say that the parents shouldn't be engaged at any level on it.”

Oltvedt said she understands the difficulty parents on both sides of the issue face. She said she'd like to see more community dialogue and support resources.

"It's not an easy journey for parents, and I recognize that,” Oltvedt said. “It can catch you off guard, and you don't really know what to do next, or what the answer is, or who do I go to for answers.”

She is hopeful to see a broader discussion outside of a school board forum.

"It's a bigger community conversation," Oltvedt said. "It's how do we support each other? And at the end of the day, the school district has to err on the side of kids feeling safe and welcome at their schools."

She suggested town hall meetings at the school or cluster level as a way to bring the community together.

"How we have these conversations is really important, and it can be very volatile, and it can be really tough," Oltvedt said. "I don't know that this has to be a conversation where things are accusatory, and that's where it seems to have landed, and I think that's why everybody's so shaken up about it on both sides.”

To be continued

A social media video that appears to be the one the DOJ is referencing has been reviewed.

KSHB 41 is working to confirm the video's authenticity, context and how it was recorded.

The district has declined comment on the issue.

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

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