Report on Johnson County School Districts’ Response to Kansas Attorney General’s Federal Investigation Request

Introduction

Two of the largest school districts in Johnson County, Shawnee Mission School District (SMSD) and Olathe Public Schools, along with Kansas City, Kansas Public Schools and Topeka Public Schools, have recently faced allegations from Kansas Attorney General Kris Kobach’s office. The office requested federal investigations into these districts’ policies concerning transgender students, citing potential violations of federal educational privacy laws.

Background of the Allegations

Kansas Attorney General’s Claims

1. Kobach’s office sent a letter to U.S. Secretary of Education Linda McMahon accusing the districts of violating the Family Educational Rights and Privacy Act (FERPA).
2. The letter alleges that the districts fail to properly notify parents about their children’s gender identity and promote “social transitioning” without parental consent.
3. Kobach claims these policies infringe on parents’ constitutional rights to direct the education and upbringing of their children.
4. Specific accusations include SMSD allowing students to share sex-separated facilities based on gender identity rather than biological sex.
5. The Attorney General’s office intends to collaborate with federal investigators to ensure policy changes that restore parental rights and legal compliance.

Context of Federal Pressure

• This situation occurs amid ongoing federal government pressure on public school districts to limit diversity, equity, and inclusion (DEI) initiatives, particularly relating to race and gender.
• The federal stance aligns with previous administration efforts to counter what has been termed “woke ideology” in education.

School Districts’ Responses and Emphasis on Inclusivity

Shawnee Mission School District’s Position

• SMSD’s Chief Communications Officer, David Smith, affirmed that transgender students are welcome in all district schools.
• The district categorically denounces any attempts to make students feel unwelcome.
• Smith characterized Kobach’s letter as a publicity tactic aimed at creating discord rather than constructive dialogue.
• SMSD declined to engage with the allegations, emphasizing a commitment to inclusivity and student well-being.

Olathe Public Schools’ Statement

• Olathe Public Schools highlighted their focus on supporting tens of thousands of students without engaging in political agendas.
• The district confirmed compliance with all state and federal laws.
• Olathe stated they have never socially transitioned students, countering claims made by Kobach’s office.
• The district expressed frustration over the lack of actionable information and guidance from the Attorney General’s office.

Historical Context and Previous Interactions

• In late 2023, Kobach sent similar letters to several school districts and the Kansas Association of School Boards concerning parental notification about students’ gender identity.
• Then-SMSD Superintendent Michelle Hubbard responded, attributing Kobach’s concerns to misinformation and incorrect assumptions.
• Kobach acknowledged that two districts amended their policies, but four, including SMSD and Olathe, did not.
• Both districts noted the absence of specific parental complaints or evidence to justify formal investigations.

Alignment with Sustainable Development Goals (SDGs)

This report highlights several key Sustainable Development Goals (SDGs) relevant to the situation:

1. SDG 4: Quality Education – The districts’ commitment to inclusive education supports equitable access to quality education for all students, including transgender youth.
2. SDG 5: Gender Equality – Policies promoting respect and support for transgender students contribute to gender equality and the empowerment of all genders.
3. SDG 10: Reduced Inequalities – Ensuring that all students feel welcome and respected addresses social inequalities and fosters inclusive communities.
4. SDG 16: Peace, Justice, and Strong Institutions – The dialogue between the Attorney General’s office and school districts underscores the importance of transparent, fair, and accountable institutions in upholding rights and laws.

Conclusion

The ongoing dispute between Kansas Attorney General Kris Kobach’s office and Johnson County school districts centers on the balance between parental rights and the rights of transgender students to an inclusive educational environment. The school districts emphasize adherence to federal and state laws while promoting inclusivity aligned with the Sustainable Development Goals. The situation reflects broader national debates on diversity, equity, and inclusion in education and the role of government oversight.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 4: Quality Education
   • The article discusses policies and controversies related to transgender students in public schools, focusing on inclusivity and educational rights.
   • Issues of parental notification and student privacy relate to ensuring inclusive and equitable quality education.
2. SDG 5: Gender Equality
   • The article highlights challenges faced by transgender students, addressing gender identity and rights.
   • It involves discussions on discrimination, inclusion, and equal treatment regardless of gender identity.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article involves legal and institutional disputes concerning parental rights, privacy laws, and civil rights investigations.
   • It touches on the rule of law, justice, and protection of rights within educational institutions.

2. Specific Targets Under Those SDGs Identified

1. SDG 4: Quality Education
   • Target 4.5: Eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for vulnerable populations, including persons with disabilities, indigenous peoples, and children in vulnerable situations.
   • Target 4.a: Build and upgrade education facilities that are inclusive and safe, providing safe, non-violent, inclusive, and effective learning environments for all.
2. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere, which can be extended to include transgender individuals facing discrimination.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life, which relates to inclusive policies in schools.
3. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels, relevant to school district governance and legal compliance.

3. Indicators Mentioned or Implied to Measure Progress

1. For SDG 4 (Quality Education):
   • Indicator 4.5.1: Parity indices (female/male, rural/urban, bottom/top wealth quintile and others such as disability status, indigenous peoples and conflict-affected, as data become available) for all education indicators on this list that can be disaggregated.
   • Implied indicator: Number or proportion of schools with policies that promote inclusivity and non-discrimination for transgender students.
2. For SDG 5 (Gender Equality):
   • Indicator 5.1.1: Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex.
   • Implied indicator: Incidence of discrimination cases or complaints related to gender identity in educational settings.
3. For SDG 16 (Peace, Justice and Strong Institutions):
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services.
   • Implied indicator: Number of investigations or legal actions initiated related to educational privacy and parental rights.

4. Table of SDGs, Targets, and Indicators

Source: kcur.org