KCKPS, DOJ trade letters, remain at odds over transgender student guideline

KANSAS CITY, Kan. — KSHB 41 reporter Rachel Henderson covers neighborhoods in Wyandotte and Leavenworth counties. Share your story idea with Rachel.

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Kansas City, Kansas, Public Schools is once again pushing back against the U.S. Department of Justice after the agency raised concerns about the district's internal guidance document for transgender and gender-nonconforming students.

The district shared correspondence between the two parties Thursday, Aug. 13, the day all remaining students from the staggered start dates returned.

In its most recent letter, dated Aug. 11, the district refuted the DOJ's claim that it had not adequately responded to the agency's requests.

The dispute centers on the district's USD 500 Transgender and Gender Non-conforming Students Internal Guidance Document, which has been in use since 2024.

Tuesday’s letter comes after the district’s initial response on Aug. 4, the initial deadline the DOJ gave the district to comply or risk losing funding.

In an Aug. 6 letter signed by Civil Rights Division Counsel Jordan Carpenter, the DOJ said the district's earlier response "fails to adequately respond to the United States' demand and raises serious concerns regarding KCKPS' compliance with its obligations under the Family Educational Rights and Privacy Act," known as FERPA.

The DOJ's letter focused specifically on language in the guideline that allows the district to evaluate, on a case-by-case basis, a student's request to exclude parents from discussions about available accommodations and resources related to the student's transgender or gender-nonconforming status.

The DOJ asked the district to explain the relevance of a student's age in those evaluations, as well as what the district has considered "other relevant information" when making those determinations.

In its Aug. 11 response, General Counsel Gregory Goheen said the district's consideration of a student's age is rooted in Kansas law.

"An individual who is 18 years of age or older is no longer considered to be a minor under Kansas law (even if the individual is still enrolled as a student in a K-12 public school district) absent a disability or other extenuating circumstance," Goheen said.

In response to the "other relevant information" question, Goheen said the district's guidance is intentionally flexible.

"It is not possible, practical or prudent to provide guidance that does not allow for consideration of information that might not be thought of in advance that could impact the determination of how to deal with a particular student's request," Goheen said.

In a one-on-one interview July 31, KCKPS Superintendent Dr. Anna Stubblefield outlined the situations she says Kansas law prohibits the district from disclosing a student’s transgender status to parents:

• The student is 18 years old and no longer a minor;
• The student has been emancipated;
• Parental rights have been terminated or otherwise limited by a judicial order;
• There is an active law enforcement or DCF investigation into abuse or neglect by the parent;
• There is reason to suspect abuse or neglect by the parent, mandating a referral to DCF.

The district also pushed back on the DOJ's broader demands, which included rescinding or substantially revising the guideline. KCKPS also expressed a willingness to issue a written directive to all staff clarifying that no policy, guideline or practice may prevent parents from accessing information about any portion of their children's education records — including records containing information about transgender status, gender identity, sexual orientation, preferred name or preferred pronouns.

Goheen said the district has provided all of its FERPA-related policies to the DOJ and asked the agency to identify specific language it believes violates the law.

"USD 500 definitively stated that it does not, nor has it ever, prohibited parental access to student records based on a student identifying as transgender," Goheen said.

The DOJ warned in its Aug. 6 letter that if the district fails to provide an adequate response, the agency will file a civil action to enforce FERPA's conditions and seek all other appropriate relief.

The district faces a loss of nearly $70 million in federal funding if it does not meet the DOJ's demands.

KSHB 41 contacted the district to find out if it has heard back from the DOJ.

KSHB 41 also contacted the DOJ for its response to the district's most recent letter.

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