Two of the four Kansas school districts found in violation of federal laws regarding transgenderism by the U.S. Department of Education (DOE) last month have announced whether they will accept the government’s proposed resolution. 

Olathe School District has agreed to base student participation in athletics on biological sex, not gender identity. Bathrooms, locker rooms and overnight accommodations will be separated based on biological sex as well. 

The district will also inform its personnel that it doesn’t use gender support plans, but documents related to gender should be made readily available for the student’s parents. 

The district isn’t admitting any fault in signing the voluntary agreement and says it’s accepting the resolution to protect its students and to continue receiving federal funding. The corrective actions will be implemented by Oct. 1. 

On the other hand, Shawnee Mission School District insists the resolution agreement – basing sports and bathrooms on biological sex and informing parents of gender transitions – contradicts the schools’ values and would harm the students. 

“There is nothing to remedy here, which makes a resolution agreement inappropriate,” a lawyer writes on SMSD’s behalf in a letter to the DOE. 

“We were disappointed to receive these materials, as they contain inaccurate statements of law, false allegations of fact, and unreasonable conditions required for voluntary resolution of this investigation.” 

The district claims it’s already in full compliance with Title IX and Family Educational Rights and Privacy Act (FERPA) laws. 

“For years, SMSD operated under the prior administration’s direction which required schools to provide student access to facilities consistent with their gender identity,” the letter reads. 

The district argues Title IX laws forbidding sex-based discrimination don’t necessarily prohibit transgender students from competing in athletics based on gender identity. The district also says it complies with the state law requiring bathrooms to align with biological sex, but a press release from the Department of Education argues otherwise. 

SMSD also argues FERPA – parental rights to see their child’s records – has nothing to do with a child’s wish to be called by a different name or use different pronouns, which is part of a gender transition. 

“The prioritization of student choice over parents’ preference in terms of name change is not covered by FERPA, which rather provides parental access to educational records,” the district states. 

However, the DOE argues SMSD previously had documents called “gender transition plans,” which would have to be available for parents under FERPA. In the letter refusing the agreement, the school district argues there’s no evidence the documents ever existed. 

The district refuses to acknowledge male and female as two exclusive biological sexes. 

“The effect of such a statement on transgender students in our schools and others in our community would unfairly demean and diminish those members of our community and conflict with our District’s core value of belonging. We will never issue a policy that devalues certain members of our diverse community.” 

If Shawnee Mission schools continue refusing to comply with federal law, they risk losing federal funding.