Olathe Schools agrees to federal gender policy changes in Title IX, FERPA dispute
After the U.S. Department of Education accused three Kansas City area school districts of violating federal laws with policies about gender identity, Olathe Public Schools submitted an agreement to resolve those allegations, a district spokesperson announced Friday.
Olathe Schools was one of three Kansas City area districts accused by the federal education department’s Student Privacy Policy Office and Office for Civil Rights of having policies that violate Title IX and the Family Educational Rights and Privacy Act (FERPA).
Also investigated for violations were the Kansas City, Kansas, Shawnee Mission and Topeka school districts.
In April, the department said 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.
The school districts cited in the investigation have spoken out against the findings. A spokesperson for the Olathe School district called them “completely unfounded,” and “grossly misrepresented.”
“While the district does not agree with and firmly rejects the allegations raised during this process, it chose to pursue a voluntary resolution after months of discussions in order to remain focused on serving students and families, avoid prolonged disruption and financial impact, maintain our commitment to being good stewards of taxpayer dollars, and protect critical federal funding,” said Becky Grubaugh, a spokesperson for Olathe Schools.
What’s in the agreement?
The Olathe district approved a voluntary resolution agreement at its Board of Education meeting Thursday, and the superintendent signed it Friday.
The agreement doesn’t admit wrongdoing, the district says, but agrees to take action on concerns raised by the department.
Olathe Schools agrees to post a statement on its website that it will comply with Title IX by having participation in athletics programs and access of facilities such as bathrooms, locker rooms, showers and overnight accommodations based on biological sex.
The district agreed to define “sex” as a student’s biological sex at birth, as reflected on a birth certificate. The agreement prohibits students with male birth certificates from competing in girls sports, and students with female birth certificates from competing in boys sports.
Olathe Schools agreed to revise or remove any policies, guidance or website content that conflicts with the department’s interpretations of Title IX and Kasnas law.
Regarding the FERPA concerns, the district agreed to tell employees that if “gender support plans” existed and were maintained by the district, then they would qualify as education records and be available for parental review.
The district said in a news release about the agreement that it “has not had and does not have” gender support plans.
Olathe Schools must update staff guidance and FERPA training materials to reflect those requirements, the agreement states. It must provide documentation by Oct. 1 showing the changes were made.
The district also agreed to submit annual certifications in 2026, 2028 and 2028 showing that students are not using facilities designed for the opposite sex, education records are available for parent inspection, and related policies are posted prominently online.
The federal government may monitor compliance, request records, visit the district and reopen enforcement proceedings if it believes the district violated the agreement.
“The district trusts this resolution satisfies the Department of Education’s requirements and will allow Olathe Public Schools to move forward responsibly from this drawn-out political display,” the district said in a statement.
The Star has asked Shawnee Mission and Kansas City, Kansas districts about what their plans are, but had received no response as of Saturday afternoon.
