KC-area schools accused of breaking gender rules. Olathe calls it ‘political theater’
Olathe Public Schools recently spoke out against a U.S. Department of Education investigation that alleges several Kansas City area school districts violated federal law with policies about gender identity.
The investigation claims that the Olathe, Shawnee Mission, Kansas City, Kansas, and Topeka school districts have policies that violate Title IX and the Family Educational Rights and Privacy Act (FERPA).
The federal education department’s Student Privacy Policy Office (SPPO) and Office for Civil Rights (OCR) began investigating the school districts last fall after the Defense of Freedom Institute filed a complaint, alleging violations.
An eight-month investigation concluded that district policies might prevent schools from notifying parents about children’s gender transition, including whether they are using different pronouns, going by different names, or having different names printed on their diplomas.
District policies may also allow students to participate in sports and use restrooms based on their gender identity, according to the Office for Civil Rights.
Kimberly Richey, assistant secretary for civil rights at the Department of Education, said in a statement that the districts cited in the investigation “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,” Richey said in a statement.
But while the department claims violations of federal law, a spokesperson for Olathe Public Schools said the districts cited in the investigation have been “thrust into the midst of political theater.”
Becky Grubaugh, the district’s communications director, called the allegations “completely unfounded,” and “grossly misrepresented.”
“Discussions with these organizations did not occur in good faith, and there was a complete lack of any meaningful investigation,” Grubaugh said. “The result was findings not supported by information, but by incorrect and predetermined decisions.”
Olathe, KCK, Shawnee Mission, Topeka schools investigated
The department said its findings for potential FERPA violations were based on a “lack of substantive documentation submitted by the districts.”
The investigation determined the KCK and Topeka districts violated Title IX with policies that allow students to use restrooms, locker rooms and changing rooms, and participate in single-sex athletics based on their “gender ideology.”
The department also alleged that KCK schools denied the Office of Civil Rights access to information during its investigation.
Olathe Public Schools and Shawnee Mission Public Schools are alleged to have allowed students to use restrooms, locker rooms, and changing rooms based on gender identity, the release said.
Shawnee Mission’s sports participation policies also “raise significant compliance concerns,” the news release said, but did not explain those concerns.
Olathe Schools denied having or implementing policies which violate federal or state laws. The district said in a statement that the department of education’s latest press release includes “several inaccuracies.”
The district does not have a policy allowing students to use restrooms, locker rooms and changing rooms based on gender identity, Grubaugh said.
“Olathe has been in compliance — and will continue to comply with — all state and federal laws, while also continuing to safeguard the rights of all students and parents/guardians,” Grubaugh said in a statement.
Education department threatens funding cuts
In a statement this week, the department detailed actions districts must take to remedy alleged violations.
If the districts fail to reach an agreement, they could lose funding through administrative or judicial action, the department said.
The department demanded that:
- 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”
- 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.
In response to the department’s demands Friday, Olathe Schools sent a letter to the Office of Civil Rights and Student Privacy Police Office, arguing the district was already in compliance with its terms.
“The three issues were not new to Olathe as the District was already in compliance with the law at the time of your 2025 letter,” the letter read in part. “Olathe has confirmed that its staff were, and continue to be, in compliance with the law as they work with our students and families.”
