DOJ sues Kansas school district over transgender student policies

The Justice Department announced Monday a “ first-of-its-kind lawsuit ” against a school district in Kansas over transgender student policies.

The Justice Department’s complaint was filed “to stop it from facilitating the secret ‘transitioning’ of children’s ‘gender identity’ at school without their parents’ knowledge or consent.”

It argued the “Transgender and Gender Non-Conforming Students Internal Guidance Document” from the Kansas City, Kansas Public Schools violated the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

“If any staff member learns a student is transgender or gender non-conforming, that information should be relayed to the school principal without delay,” the school district guidance says, according to the complaint.

“The school principal should discuss available accommodations and resources with the student or the student’s parent or legal guardian, including the availability of a planning meeting. If it becomes known that the student does not want the student’s parent or legal guardian included at this stage, that request will be evaluated on a case-by-case basis,” the guidance continued.

FERPA gives families the legal right to access all of their children’s education records, and PPRA dictates that students cannot submit surveys, analysis or evaluation revealing sensitive information without prior written consent from their parents.

The Justice Department believes the Kansas City, Kansas Public Schools violated both policies because the guidance “denies or effectively prevents parental access within the meaning” of FERPA and PPRA.

The Trump administration had used FERPA , specifically, in July, when threatening to cut funding to two school districts in Maryland and Michigan over its policies surrounding protected information about students’ gender identity not being disclosed to parents.

The Justice Department made similar threats to the Kansas school district at the same time for its guidance. At the time, superintendent Anna ‌Stubblefield told NBC affiliate station KSHB that “it also is not policy, it is guidance.”

“There’s nowhere in the guidance where we say, ‘withhold information from parents.’ We have no reason or incentive to withhold information from parents about anything that they’re entitled to for their students,” Stubblefield said at the time.

The school district also added at the time that there are five situations in which the district would not disclose a student’s transgender status to a parent: The student is no longer a minor; the student has been emancipated; parental rights have been judicially terminated or otherwise limited; there is an active law enforcement or Department for Children and Families (DCF) investigation into parental abuse or neglect; or if there is suspected parental abuse or neglect, mandating a referral to DCF.

A spokesperson for the school district said in a statement to KSHB this week that it has been in full cooperation with federal law and is “disappointed” by the Justice Department’s decision to file the lawsuit.

“Because this matter is now pending in federal court, the district will respond to the Complaint through the appropriate legal process and will not make any further comment at this time,” the school district wrote.

The lawsuit follows a Supreme Court case where the court blocked a California policy in March that attempted to ban automatic notifications if a student changes their gender identity.