FIRST OF ITS KIND: Civil Rights Division Tests Novel Use of Education Law to Combat Gender Secrecy Policies
3rd September 2026
The Justice Department’s Civil Rights Division brought a first-of-its-kind lawsuit against a Kansas school district, applying decades-old laws to combat a new problem: gender secrecy policies allowing school staff to hide a student’s claimed gender identity from parents or legal guardians.
“Parental rights are paramount in the operation of America’s public schools, and Kansas City, Kansas Public Schools does not know children better than their own parents,” Harmeet Dhillon, the assistant attorney general in charge of the division, said in a statement on the lawsuit Tuesday.
“The Department will not tolerate school districts playing fast and loose with federal law in the service of radical gender ideology,” Dhillon added.
The lawsuit, filed Tuesday, accuses the school district in Kansas City, Kansas, of violating the Family Educational Rights and Privacy Act (1974) and the Protection of Pupil Rights Amendment (1978). These laws protect parental access to student records and require parental consent before students participate in federally-funded surveys on sensitive personal topics.
The school district adopted a Transgender Guideline in 2024 stating: “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 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.”
Yet, “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 policy states that requests “will be evaluated by the executive director of student services & family support, director of student support programs, executive director of equity & inclusion, and the district’s attorney.”