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Four Kansas School Districts Violated FERPA and Title IX

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Summary

The Department of Education's Student Privacy Policy Office (SPPO) and Office for Civil Rights (OCR) found that four Kansas school districts—Kansas City, Kansas Public School District; Olathe Public Schools; Shawnee Mission School District; and Topeka Public Schools—violated FERPA and Title IX. SPPO determined the districts had policies likely preventing schools from notifying parents of their child's gender transition, infringing on parental rights under FERPA. OCR concluded that Kansas City, Olathe, Shawnee Mission, and Topeka violated Title IX with policies allowing students to use restrooms, locker rooms, and changing rooms based on gender identity, and that Kansas City and Topeka allowed male students to participate in female athletics based on gender identity. The Department issued proposed Resolution Agreements requiring policy changes or potential termination of federal funding.

“These Kansas school districts have allowed 'gender ideology' to run amok in their schools.”

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What changed

The Department found that Kansas City, Kansas Public School District; Olathe Public Schools; Shawnee Mission School District; and Topeka Public Schools violated FERPA by maintaining policies that concealed student gender transition information from parents, and violated Title IX by allowing students to use facilities and participate in athletics based on gender identity. SPPO and OCR issued proposed Resolution Agreements requiring districts to: base athletic participation on biological sex; restrict facility use to sex-segregated spaces; and provide parents access to gender support plans and transition-related documents.

School districts and educational institutions receiving federal funding should review their policies on student privacy notification, facility use, and athletic participation for compliance with parental rights under FERPA and sex-based protections under Title IX. Non-compliance with proposed Resolution Agreements may result in termination of federal financial assistance.

What to do next

  1. Districts must ensure athletics participation is based on sex, not gender identity
  2. Districts must base bathroom, locker room, changing room, and overnight accommodation use on sex
  3. Districts must make gender support plans and transition-related documents accessible to parents

Penalties

Termination of federal funding via administrative and/or judicial proceedings if agreements are not reached

Archived snapshot

Apr 22, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Press Release

U.S. Department of Education Finds Four Kansas School Districts Violated Federal Law

April 17, 2026

Today, the U.S. Department of Education (the Department)’s Student Privacy Policy Office (SPPO) determined that four Kansas school districts – Kansas City, Kansas Public School District; Olathe Public Schools; Shawnee Mission School District; and Topeka Public Schools (the Districts) – have policies that violate the Family Educational Rights and Privacy Act (FERPA). The Department’s Office for Civil Rights (OCR) also concluded that the Districts violated Title IX of the Education Amendments of 1972 (Title IX).

Based on a lack of substantive documentation submitted by the Districts, SPPO found that the 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, thereby violating parents’ rights under FERPA to access school records pertaining to their children. The Districts’ policies allow schools to conceal from parents whether their children are using different pronouns, going by different names, or even having different names printed on their diplomas.

OCR determined that Kansas City, Kansas Public School District and Topeka Public Schools violated Title IX with policies that allow male students to use female restrooms, locker rooms, and changing rooms, as well as participate in single-sex athletics, based on “gender identity.” OCR also concluded that Kansas City, Kansas Public Schools denied OCR access to information in violation of federal law. Additionally, OCR found that Olathe Public Schools and Shawnee Mission Public Schools violated Title IX with policies that allow students to use restrooms, locker rooms, and changing rooms based on “gender identity.”

Olathe Public Schools, Shawnee Mission School District, and Topeka Public Schools all admitted to OCR that male students have been allowed to use female restrooms and locker rooms based on “gender identity.” Shawnee Mission School District also has policies regarding participation in sports that raise significant compliance concerns.

“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,” said Assistant Secretary for Civil Rights Kimberly Richey. “Schools should never subject girls to unsafe, uncomfortable, and unfair environments, nor should they abuse their authority by hiding the most sensitive information about a child’s health and wellbeing from that child’s parents. The Trump Administration will always protect students and parents by enforcing Title IX and parental rights laws to the fullest extent of the law.”

SPPO and OCR issued proposed Resolution Agreements to the Districts that specify actions to remedy the violations of Title IX and FERPA, including, but not limited to:

  • The Districts will no longer allow students to participate in athletics based on “gender identity,” rather basing participation on the student’s sex;

  • The Districts will ensure that the use of bathrooms, locker rooms, changing rooms, and overnight accommodations is based on sex, not “gender identity;” and,

  • The Districts will inform school personnel that “gender support plans” and other related documents having to do with a student’s so-called ‘gender transition’ will be made readily available and accessible to parents and guardians.
    If any of the Districts fail to reach an agreement, the Department may initiate enforcement action, which could ultimately lead to the termination of federal funding via administrative and/or judicial proceedings.

Background

In August 2025, the Department launched investigations into the Districts based on complaints filed with the Department by the Defense of Freedom Institute that they violated Title IX and FERPA. In addition, Kansas Attorney General Kris Kobach sent a letter to U.S. Secretary of Education Linda McMahon highlighting and expressing concern about the Districts’ potential Title IX and FERPA violations.

FERPA is a federal privacy law enforced by the Department’s SPPO. FERPA gives parents the right to access their children’s education records, the right to request record corrections or amendments, and the right to control (with important exceptions) the disclosure of personally identifiable information in education records. Policies that instruct teachers, counselors, and other employees to hide a child’s “gender transition” records from parents infringe on parents’ rights under FERPA.

In March 2025, SPPO sent a Dear Colleague Letter (DCL) to state superintendents reminding them of their compliance obligations under FERPA, designating the practice of hiding a child’s “gender identity” from that child’s parents as a “priority concern” for SPPO. Secretary McMahon attached a cover letter to the DCL, stating that “by natural right and moral authority, parents are the primary protectors of their children.”

Title IX is enforced by the Department’s OCR and prohibits discrimination on the basis of sex in educational programs and activities receiving federal financial assistance.

Violation of Title IX and/or FERPA can result in termination of an educational entity’s federal funding.

Contact

Press Office (202) 401-1576 press@ed.gov

Tags

Civil Rights Parents & Families Title IX
Office of Communications and Outreach (OCO) Page Last Reviewed: April 17, 2026

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Last updated

Classification

Agency
ED
Published
April 17th, 2026
Instrument
Notice
Branch
Executive
Joint with
SPPO OCR
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Educational institutions
Industry sector
6111 Elementary & Secondary Education
Activity scope
Student privacy Facility use Athletic participation
Geographic scope
United States US

Taxonomy

Primary area
Civil Rights
Operational domain
Compliance
Compliance frameworks
FERPA
Topics
Education Data Privacy

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