BY: GRACE HILLS
Kansas Reflector
MERRIAM — The U.S. Department of Education is escalating its threat to pull federal funding from four Kansas school districts for their gender-inclusive policies.
At least two of the districts are geared up for a legal battle.
In April, the department found four public school districts — Olathe, Shawnee Mission, Topeka and Kansas City, Kansas — were in violation of federal Title IX civil rights protections. Grievances included allowing students to change their name or pronouns used at school without clear communication to parents and allowing transgender students to use the restroom, locker room and changing room that aligns with their gender identity.
In May, Olathe Public Schools signed a “voluntary resolution agreement” to resolve the probe. The agreement outlined the district’s commitment to give students access to gender-specific facilities “strictly on the basis of sex.”
The district rejected the department’s accusations that they were violating Title IX — the civil rights law that prohibits discrimination based on sex — but signed the resolution to avoid potentially costly and lengthy legal challenges.
Last week, despite the signed resolution, the department sent the district a letter of impending enforcement action — which is the federal government’s version of a final warning.
“These Kansas school districts’ ongoing refusal to come into compliance with Title IX puts the safety, privacy, and dignity of young women and girls at risk,” said Kimberly Richey, assistant secretary for civil rights. “The Districts must come into compliance with Title IX or risk further enforcement action.”
Olathe Public Schools said it is now shifting focus to defend itself “through any and all legal avenues to ensure we continue to receive federal funding.”
“The Department of Education’s rejection of a negotiated resolution raises serious concerns about whether the goal of this process is to reach a practical and lawful outcome or to pursue a predetermined result that does not reflect the facts, the law, or the district’s actual practices,” Olathe Public Schools said in a statement. “Instead, the Department has chosen to prolong a process that has already consumed significant district time and taxpayer resources, resources that would be better spent supporting classrooms and student success.”
The Shawnee Mission School District never agreed to a resolution. The district declined to comment for this story, but pointed to a letter Timothy Heaphy, an attorney representing the district, sent to the Office for Civil Rights.
“The ‘investigation’ which has led to these conditions was never a constructive effort to reach a mutually agreeable resolution, consistent with the traditional approach of the Department. Rather, it was a sham process designed to reach a predetermined outcome untethered to the facts or controlling standards of law,” Heaphy wrote.
The U.S. Department of Education letter, sent June 11, says that districts have 10 calendar days to comply. If they do not, they risk a referral to the U.S. Department of Justice — which holds the potential of a pricey federal lawsuit — or termination of federal funding.
Olathe Public Schools received $24.5 million in federal funding for the 2024-2025 school year. Shawnee Mission received $27.4 million and Topeka nearly $30 million.
The exact use of federal funds depends on the school district, but each district used federal funds for food services and special education.
About 4% of Olathe’s budget revenue comes from federal funding. Around 6% of Shawnee Mission’s comes from federal funding, and 13% for Topeka Public Schools.
The Kansas City, Kansas, public school district relies on more federal funding than the other three districts. For the 2024-2025 school year, it took in a little more than $70 million, around 16% of its budget.
Kansas City, Kansas, Public Schools declined to comment for this story. But last summer, after an unexpected federal education grant freeze, the district said federal dollars “directly support some of our most vulnerable students — including those from low-income families, English language learners, and students with disabilities.”
The other three districts received letters of impending enforcement action, but Kansas City, Kansas, Public Schools received a letter of impasse, which notifies the district that the department is preparing for impending enforcement.
Olathe, Shawnee Mission, and Topeka public schools have until June 21 to respond to the department’s letters. Topeka Public Schools did not respond to a request for comment for this story.