U.S. Department of Education says 3 Kansas City-area school districts violated federal law
The U.S. Department of Education announced Friday that three Kansas City-area school districts have policies that violate federal law.
The education department's Student Privacy Police Office determined Olathe Public Schools, Shawnee Mission School District and Kansas City, Kansas, Public Schools violated the Family Education Rights and Privacy Act (FERPA). The agency's Office for Civil Rights concluded Title IX of the Education Amendments of 1972 was violated as well.
Topeka Public Schools was also found to have policies violating these laws.
Back in August 2025, a federal investigation was launched into the four school districts after a complaint from the Defense of Freedom Institute.
The investigation was an escalation of an ongoing battle between the school districts and Kansas Attorney General Kris Kobach, who claimed the districts used gender identity to determine access to sports teams and locker rooms, and that the districts concealed “the ‘social transitioning’ of their children” from parents.
In Friday's announcement, the education department said SPPO discovered the school districts had "policies that were likely to prevent schools from notifying parents of their child’s so-called ‘gender transition,’ even if the parent requested their child’s records" due to a lack of solid documentation. This was determined to be a violation of parents' rights to access school records of their children under FERPA.
participate in single-sex athletics, based on 'gender identity.'" The education department also said KCKPS denied OCR access to information.
Olathe Public Schools and the Shawnee Mission School District had policies allowing "students to use restrooms, locker rooms and changing rooms based on 'gender identity.'" Compliance concerns were also raised over an SMSD policy on sports participation, according to OCR's investigation.
OCR determined these findings were in violation of Title IX, per a press release from the education department.
“These Kansas school districts have allowed ‘gender ideology’ to run amok in their schools. These policies not only violate federal law, but are contrary to the sound judgment we expect from our educational leaders, and thoroughly disrespectful to parents who entrust school personnel to keep their children safe,” Assistant Secretary for Civil Rights Kimberly Richey said in part in a press release.
Resolution agreements to remedy the above violations have been issued to the districts from SPPO and OCR. Failure to reach an agreement could lead to federal funding cuts through administrative/judicial proceedings.
Below is part of Olathe's response to the investigation.
"The district has complied with the investigation process, acted in good faith, and has worked to seek a resolution agreement. This commitment to moving forward and seeking resolution, however, has not been reciprocated. In fact, it has been far different from any other collaborative experience the district has had with the Department of Education and its staff. Discussions with these organizations did not occur in good faith, and there was a complete lack of any meaningful investigation. The result was findings not supported by information, but by incorrect and predetermined decisions.
"To be clear, Olathe Public Schools is bound by law to provide a free and appropriate public education to all students. When working with families, we adhere to state and federal laws, as well as the Kansas High School Athletic Association's (KSHSAA) guidelines when it comes to interscholastic and intramural athletic programs."
Olathe also said in the press release the district will continue to follow all state and federal laws, as well as safeguard the rights of students and families.
SMSD released a lengthy statement on Monday. The first paragraph states:
"Our values don’t change because of a federal agency’s meritless allegations unsupported by what they falsely call an “investigation.” Unfortunately, that is what SMSD currently faces with respect to recent interaction with the United States Department of Education. Regardless of SMSD’s voluntary provision of information to the Department and the district’s clear compliance with law, the Department has made an unfounded allegation that SMSD is in violation of federal law. We reject that accusation in the strongest possible way and are prepared to defend our rights in court."
The district's full statement can be found here.
Kobach reacted to the news of the department's findings Friday on social media, praising the education department for its "decisive action."