Kansas Education Department, Attorney General, and Conservative Legal Group Target Four School Districts over Gender Identity Policies

Four Kansas school districts are under investigation by the U.S. Department of Education’s Office of Civil Rights following a complaint initiated by Kansas Attorney General Kris Kobach and the Defense of Freedom Institute, a conservative legal and policy group. The investigation focuses on whether these districts violated Title IX—federal legislation that prohibits sex-based discrimination in education—and the Family Educational Rights and Privacy Act (FERPA) through their policies relating to gender identity and student privacy .

In a press release issued Thursday, the Attorney General’s office confirmed that the four school districts in question were singled out after previous communications from Kobach in 2023 failed to prompt changes in their gender identity policies. While two districts reportedly modified their approaches following Kobach’s initial letters, four did not and are now subject to federal scrutiny .

Kobach’s December 2023 letter criticized the practice of not automatically informing parents if a student requests to use a different name or pronouns at school, calling it “shockingly irresponsible” and arguing that parents must be notified about such decisions. He stated, “It would be arrogant beyond belief to hide something with such weighty consequences from the very people (parents) that both law and nature vest with providing for a child’s long-term well-being” .

The Defense of Freedom Institute for Policy Studies, Inc. (DFI), the organization filing the formal complaint, describes itself as a nonprofit focused on conservative solutions to education and workforce issues. According to its website, DFI’s mission includes “limiting the power of federal agencies” and “defending the civil and constitutional rights of all Americans in the classroom and the workplace” .

Kobach and DFI allege that the school districts’ policies on gender identity constitute a form of “social transitioning” that occurs without adequate parental notification, which they argue could have “potentially lifelong consequences.” They claim such policies are inconsistent with federal law and pose a risk to student well-being .

The investigations have sparked strong reactions from Kansas lawmakers and LGBTQ+ advocates. Senate Minority Leader Dinah Sykes, whose district includes one of the affected school districts, criticized the complaint as “a witch hunt and a distraction from providing a world-class education.” Sykes argued that these actions do not address the real challenges facing Kansas students—such as access to mental and physical health care, food insecurity, and threats to school funding .

Supporters of inclusive school policies emphasize that affirming students’ gender identity and respecting their privacy is essential for their mental health and academic success. Local educators and LGBTQ+ advocacy groups contend that the complaints are part of a broader pattern of attacks on public education and LGBTQ+ rights, warning that such measures may increase stigma and harm for transgender and nonbinary students .

A Kansas educator interviewed by KSHB 41 News said, “We believe that any positive experience for students, anything that is going to impact their well-being and their learning, needs to be supported.” Critics of the investigation note that the examples cited in the complaint are “vague and not grounded,” questioning the motives behind the probe .

This federal investigation unfolds against a backdrop of ongoing legal and political battles over LGBTQ+ inclusion in schools. In 2024, Kobach sued the Biden administration to block new Title IX rules that expanded antidiscrimination protections for LGBTQ+ students and broadened the definition of sexual harassment. A federal judge subsequently blocked those rules from taking effect in Kansas .

Title IX is enforced by the Department of Education’s Office of Civil Rights, while FERPA, which protects the privacy of student education records, is overseen by the Student Privacy Policy Office. The outcomes of these investigations could have significant implications for how schools across Kansas—and potentially the country—navigate the balance between parental rights, student privacy, and LGBTQ+ inclusion .

LGBTQ+ advocates caution that efforts to roll back inclusive policies may further marginalize transgender and gender-diverse students, who already face higher rates of bullying and mental health challenges. National organizations such as GLSEN and the Human Rights Campaign have repeatedly emphasized that inclusive and affirming school environments are critical to ensuring all students’ safety and success.

As the investigations proceed, educators, students, and families across Kansas await clarity on the future of gender identity policies in public schools—policies that, for many, represent a lifeline for dignity, affirmation, and belonging.