The U.S. Department of Justice has filed a lawsuit against Kansas City, Kansas Public Schools, accusing the district of violating federal law through policies that allow transgender students to use chosen names, pronouns, and gender identities at school without automatically notifying their parents.
The lawsuit, filed September 1, marks what the Justice Department is calling a first-of-its-kind legal challenge involving the Family Educational Rights and Privacy Act, or FERPA, and the Protection of Pupil Rights Amendment, or PPRA.
Federal officials allege that the district’s guidance allows school staff to create plans supporting a student’s social transition without requiring parental knowledge or consent. According to the district guidance described in the lawsuit, students may request that their parents or guardians not be included in meetings about their name, pronouns, or gender identity, with those requests considered on a case-by-case basis.
The guidance says factors such as a student’s age, grade level, and welfare may be considered when deciding whether parents should be included.
Assistant Attorney General Harmeet Dhillon, who leads the Justice Department’s Civil Rights Division, said the administration views parental access to student information as a federal rights issue.
“Parental rights are paramount in the operation of America’s public schools,” Dhillon said in a Justice Department statement announcing the lawsuit.
The Justice Department argues that FERPA requires schools receiving federal funding to give parents access to education records maintained about their children. The government also alleges that the district violated PPRA, which includes parental-consent.
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