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The Trump administration opened an investigation into Title IX violation allegations in Washington state over boys in girls’ sports and locker rooms, the Department of Education announced on Wednesday.
This investigation comes amid reports that the Washington Office of the Superintendent of Public Instruction (OSPI) has imposed requirements on school districts that potentially violate federal law, specifically, Title IX, the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
“Today’s investigation into Washington OSPI is a first-of-its-kind, bringing together ED and DOJ, and multiple offices within ED, to adjudicate several potential violations of federal law,” said U.S. Secretary of Education Linda McMahon.
“Washington State appears to use its position of authority to coerce its districts into hiding ‘gender identity’ information from students’ parents and to adopt policies to covertly smuggle gender ideology into the classroom, confusing students and letting boys into girls’ sports, bathrooms, and locker rooms. If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration,” she added.
Earlier this month, the U.S. Department of Education’s Office of the General Counsel issued a letter to the state administrative tribunal in response to the OSPI, which is pressuring the La Center School District to implement policies that may conflict with federal law.
Among the directives, OSPI has ordered La Center to refrain from sharing any information regarding a student’s gender identity without permission. This policy raises concerns about potential violations of FERPA, which grants parents the right to access their child’s educational records.
OSPI has also instructed the district to provide staff training on a screening tool to remove “gender identity bias” from instructional content. This may violate the PPRA, which requires parental consultation before schools implement policies that affect student privacy, particularly those concerning sensitive information.
The Education Department noted that, under Title IX of the Education Amendments of 1972, sex-based discrimination is prohibited in any educational program or activity that receives federal funds. Federal laws also protect parental rights related to student records and personal information.
Noncompliance with these laws, or with Title IX, can result in losing federal education funding.