Department of Education Investigation

On Tuesday, June 24, 2025, Olathe Public Schools was made aware of a letter sent by Kansas Attorney General Kris Kobach to U.S. Secretary of Education Linda E. McMahon regarding unlawful social transitioning in schools. Below please find a statement from the district in response to this letter.

STATEMENT FROM OLATHE PUBLIC SCHOOLS

Olathe Public Schools is obligated to follow all state and federal laws to support our students, staff and families. As a district, it is always our practice to work directly and partner with families and students as situations arise to ensure we are providing the appropriate and necessary support. To be absolutely clear, it is our expectation that staff work directly with families regarding student-related matters involving their own child(ren). The Olathe Public Schools does not and has never socially transitioned our students.

Olathe Public Schools received written communication from the Attorney General’s office on Dec. 11, 2023, regarding concerns about student pronouns and gender identity. The district responded directly to the Attorney General’s office on Dec. 19, 2023. On Feb. 8, 2024, the district was also made aware of a press release sent from the Attorney General’s office related to the same concern. The district immediately responded to his concerns upon being notified and worked through multiple correspondences to schedule a meeting with the Attorney General’s office in person.

On Tuesday, March 26, 2024, the Olathe Public Schools superintendent and staff counsel met with two attorneys from the Attorney General’s office, as Attorney General Kobach did not meet with the district. In that meeting, the district repeatedly sought clarity from the Attorney General’s office regarding specific changes that they believed should be made by the district. The district also asked the Attorney General’s office to identify specific situations involving Olathe Public Schools students, staff or families that they were aware of in which the district was not following state or federal laws. However, the Attorney General’s office would not provide specific input or information regarding any alleged violations of state and federal laws by the district.

Due to the limited information shared by the Attorney General’s office, the district was left with no actionable information to make change. Despite the district’s willingness to remedy any concerns, the result of the meeting and overall interaction left the district feeling as though they were part of a larger political agenda. As the second largest district in the state supporting tens of thousands of students, Olathe Public Schools does not have time to engage in political agendas. Our focus is and will always be educating our students for their future.

On Thursday, Aug. 14, 2025, Olathe Public Schools was informed that the U.S. Department of Education, Office of Civil Rights and Student Privacy Policy Office are investigating the school district for alleged Title IX and FERPA violations. The district stands ready and willing to fully cooperate with these agencies, as we always have. Below please find a statement from the district in response to this investigation.

STATEMENT FROM OLATHE PUBLIC SCHOOLS

Olathe Public Schools is obligated to follow all state and federal laws to support our students, staff and families. As a district, it is always our practice to work directly and partner with families and students as situations arise to ensure we are providing the appropriate and necessary support. To be absolutely clear, it is our expectation that staff work directly with families regarding student-related matters involving their own child(ren).

There have been no specific situations identified in Olathe Public Schools related to the allegations outlined in the investigation letter.

In Olathe Public Schools, we stand ready and are proud to serve all students who attend our schools. That is the foundation and responsibility of all public school systems — to serve every child that walks through our doors. Our focus is and will always be educating our students for their future.

Mr. Burke,

Kansas City, Kansas School District U.S.D. 500, Olathe School District U.S.D. 233, Shawnee Mission School District U.S.D. 512, and Topeka School District U.S.D. 501 (collectively referred to herein as the “School Districts”) are in receipt of the Data Requests that the Office for Civil Rights emailed to the respective superintendents on August 22, 2025. Because the School Districts received nearly identical investigation notice letters and Data Requests, this letter is provided jointly to efficiently address certain items in your letter and accompanying Data Requests.

The School Districts are unable to submit a response to the Data Requests within the nine business day deadline set forth in your August 22nd letter. Further, the School Districts also require additional time and clarification on multiple points in order to respond with fidelity to the Data Requests. Consequently, the School Districts request that OCR provide up to 90 additional days for submission of their responses to the Data Requests, with the 90-day timeline to begin running after sufficient clarification has been provided to enable the School Districts to understand what information OCR is seeking as well as pursuant to what authority OCR is seeking such information.

In your letter you requested a point of contact for this investigation and “the individual authorized by the District to resolve any concerns identified or findings of noncompliance.” The undersigned counsel for each School District will be the point of contact. Additionally, you can grant access to each undersigned counsel to the SharePoint site.

With respect to OCR’s Data Requests regarding guidance the School Districts have received, the undersigned counsel provide legal guidance to their respective School Districts on a variety of legal matters, including on compliance with Title IX and other civil rights laws with respect to sex and gender identity.

Your August 22nd letter to the School Districts indicates: “If you have any questions regarding this Data Request relating to Title IX, please contact Bradley.Burke@ed.gov, or relating to FERPA, please contact FERPA.ComplaintResponse@ed.gov.” Further, the Data Requests issued by OCR appear to seek information regarding both compliance with FERPA and with Title IX. This duality raises questions for the School Districts regarding the distinction between what exact issue(s)/complaint(s) are being investigated by OCR, and what exact issue(s)/complaint(s) are being investigated by SPPO.

As you are aware and as acknowledged in your August 14th correspondence, OCR does not have authority to enforce FERPA. Some of OCR’s Data Requests, however, appear to directly relate to compliance with FERPA. Please clarify the legal authority for OCR’s Data Requests related to FERPA compliance with specific citation to such authority.

As you may know, the School Districts have not been notified of any parent complaint alleging failure to provide access to education records (or failure to comply with any other parent right afforded under FERPA) that has been filed with the SPPO. Consequently, please clarify whether there is a pending parent/guardian complaint alleging a FERPA violation against any of the School Districts. If any parent/guardian of the School Districts has filed a complaint with the SPPO regarding FERPA, please: (a) provide a copy of the complaint and/or the specific complaint allegations to the appropriate School District, (b) identify the specific provision of FERPA that is alleged to have been violated so that the School District can provide a meaningful response; and (c) identify the SPPO representative who is assigned to the complaint by name, title,
and contact information.

With regard to OCR’s request for “A copy of all documentation submitted by the District to the Kansas Department of Education requesting or applying for federal funding, including formula and discretionary grants”, the School Districts’ understanding is that the U.S. Department of Education readily has access to such records. Please clarify whether or not the U.S. Department of Education has access to documents submitted by the School Districts related to federal funding. Please also clarify how such records would be relevant to this investigation or would be determinative of the School Districts’ compliance with FERPA or Title IX.

With regard to OCR’s Data Requests concerning “interscholastic athletic and intramural programs”, the School Districts seek clarification regarding the specific civil rights compliance concern that OCR is investigating. The School Districts are all members of the Kansas State High School Activities Association (KSHSAA) and are subject to KSHSAA’s policies and rules. After the Kansas legislature passed the Fairness in Women’s Sports Act (K.S.A. §§ 60-5601 et. seq) in 2023, KSHSAA modified its participation policy. The current KSHSAA policy requires that interscholastic activities “shall be expressly designated as one of the following based on biological sex: 1. Males, men, or boys, 2. females, women, or girls; or 3. coed or mixed.”¹

As KSHSAA members, the School Districts must, and do, comply with this participation policy. If any parent/guardian of a School District student has filed a complaint with OCR regarding the KSHSAA participation policy, please: (a) provide a copy of the complaint and/or the specific complaint allegations to the appropriate School District and to KSHSAA, and (b) identify the specific provision of Title IX that is alleged to have been violated so that the School District can provide a meaningful response.

With regard to OCR’s Data Requests regarding “sex-separated restrooms, locker rooms, or changing rooms”, the School Districts seek clarification regarding the specific civil rights compliance concern that OCR is investigating. The School Districts’ school buildings are each outfitted with typical sex-separated restrooms and locker rooms that would be present in any school building or other public building. The School Districts ensure students and staff have equal access to facilities, and they ensure equivalent quality and availability of athletic facilities. If any parent/guardian of the School Districts has filed a complaint with OCR regarding equal access to facilities, please: (a) provide a copy of the complaint and/or the specific complaint allegations to the appropriate School District, and (b) identify the specific provision of Title IX that is alleged to have been violated so that the School District can provide a meaningful response.

Thank you in advance for providing the requested clarification. The undersigned counsel have had minimal time to review the Data Requests and may have additional questions and requests for clarification as we work with OCR to resolve this investigation. The undersigned counsel are amenable to meeting with you to discuss the requested points of clarification and to provide information about the School Districts’ practices with regard to working with transgender students and their families. We are confident that, through a civil and constructive discussion about the common sense manner in which our school staff work with parents and transgender students, any civil rights compliance concerns can be dispelled.

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¹ See KSHSAA Policies for Transgender Student Participation, available here:
https://www.kshsaa.org/Public/PDF/TransgenderPolicyRecommendations.pdf

Dear Mr. Burke and Mr. Miller,

The Kansas City, Kansas School District U.S.D. 500, Olathe Public Schools U.S.D. 233, Shawnee Mission School District U.S.D. 512, and Topeka School District U.S.D. 501 (collectively referred to herein as the “School Districts”) jointly request a meeting with you to explore voluntary resolution. In Attachment A to this letter, the School Districts provide initial responses to the Data Request in the above-referenced cases.

Request for Mediation or Resolution

In reviewing the Data Request, we note that the U.S. Department of Education (Department) is subject to statutory provisions stating that it shall take no action until it “has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.” ¹ Further, the Department “shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.” ² Seeking voluntary compliance serves many purposes -- it facilitates faster, more efficient, and more satisfactory resolutions to disputes, while building trust and avoiding the adversarial nature and high costs of formal proceeding; this is critical to improve government efficiency, to save taxpayers money, to expedite compliance, and ultimately to better serve our students. The importance of voluntary resolution is reflected in OCR’s Case Processing Manual regarding mediation (Section 201) and voluntary resolution agreements (Section 302). ³ Thus, the School Districts request a meeting with you both to facilitate voluntary resolution of the following three pending issues.

Before providing our response to the Data Request, we thought it would be helpful to identify and address the three issues set forth in the Department’s August 14, 2025 letters identifying compliance concerns related to:

(1) Male students participating in interscholastic and intramural athletic programs designated for female students, consistent with Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. , and its implementing regulation 34 C.F.R. Part 106 (Title IX);

(2) Transgender students accessing restrooms and locker rooms consistent with their gender identity, under Title IX; and

(3) School staff disclosing a student’s transgender status to the student’s parents, under the Family Educational Rights and Privacy Act (FERPA).

After addressing each of the Department’s three concerns below, we provide additional information that clearly explains why a meeting would be extremely important and necessary here. Specifically, we acknowledge that – (1) we are willing to proceed with either mediation or a meeting to explore voluntary resolution (as the Department deems appropriate), (2) the nature of the applicable case law under Title IX, (3) the importance of an oral, interactive discussion regarding the Schools Districts’ policy, procedure, or guidance documents, and (4) how our response to your Data Request may need to be updated once we receive the information we requested from the Department. We welcome the opportunity to discuss these issues in addition to the Department’s three concerns.

(1)    Student Participation in Interscholastic and Intramural Programs

As outlined below (and previously referenced in the School Districts’ August 29, 2025, letter to Mr. Burke (OCR)), the School Districts are in compliance with their state athletic association, the Kansas State High Schools Athletics Association (KSHSAA), policy regarding transgender students’ participation in athletics and activities. This policy expressly states that “Kansas interscholastic activities under the jurisdiction of the KSHSAA shall be expressly designated as one of the following based on biological sex: 1. Males, men, or boys, 2. females, women, or girls; or 3. coed or mixed. Athletic teams or sports designated for females, women or girls shall not be open to students of the male sex.” ⁴ As KSHSAA members, the School Districts are reiterating that they must, and do, comply with this participation policy.

Additionally, each School District has, respectively, adopted policies requiring compliance with KSHSAA’s policies. For example, Olathe Public Schools has agreed to “adhere to the policies, guidelines and procedures and governance of” KSHSAA.” ⁵ Shawnee Mission similarly has a policy stating that “students who participate in any school activity shall meet … all applicable KSHSAA regulations.” ⁶ KCKPS also requires students to meet “applicable age and eligibility requirements required by KSHSAA.” ⁷

The School Districts respectfully note that their compliance with KSHSAA’s “Transgender Student Participation Policy” should resolve the first concern identified by the Department. This is particularly true given the positions that OCR has taken in similar investigations of K-12 school districts ⁸, the apparent lack of any parent or student in attendance at the School Districts filing a complaint with OCR regarding transgender students’ participation in athletics/activities, and that the School Districts have neither received, nor are aware of, any Title IX complaint as affirmed below in the Data Request response.

(2)    Restroom and Locker Room Access

Given the positions that OCR has taken in similar investigations of K-12 school districts, and given statements in OCR’s investigation notice letters to the School Districts, it is clear that OCR is taking the position that school districts act in violation of Title IX when they meet requests by transgender students and their parents to access school facilities that align with their gender identity. The law is unsettled in this area, although most federal courts of appeal have determined that schools must provide equal access to transgender students. The School Districts request that OCR meet with the School Districts to provide assistance and guidance, as supported by existing federal court interpretation of Title IX, regarding compliance with Title IX as it relates to equal access to restrooms and locker rooms for all students. In particular, the School Districts request a meeting and follow-up with specific written guidance with supporting legal authority under Title IX related to student access to locker rooms and bathrooms based upon a student’s gender identity.

(3)    Disclosure of Student’s Gender Identity

The Department’s August 14, 2025 notification letters state that each “[School] District has a policy that prevents school officials from disclosing a student’s ‘transgender status’ to the student’s parents unless authorized by the student, in violation of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulation at 34 C.F.R. Part 99 .”

This statement is both confusing and inaccurate. The applicability of FERPA is at best unclear or more likely -- not applicable -- given that the School Districts do not maintain information about gender identity in their education records of students in attendance. The School Districts only maintain information about students' sex (M or F), as recorded on their birth certificate, in their education records of students in attendance. Additionally, the School Districts have no such policies. In stark contrast to the Department’s statement, the School Districts have enacted policies ensuring their compliance with FERPA, as noted below in Attachment A in the response to the Data Request. We respectfully request resolution of this matter as this response addresses any potential FERPA concerns. Given the apparent lack of any parent of a student in attendance at the School Districts filing a complaint with SPPO regarding any alleged denial of access to education records, and given that the School Districts have not received any such FERPA complaint as affirmed below in response to the Data Request, this response should resolve any compliance concerns with respect to disclosure of student’s gender identity.

(4)    Request for Mediation or Voluntary Resolution

The OCR Case Processing Manual (“CPM”) sets forth three different methods for resolution of a complaint: rapid resolution, mediation, and informal resolution. Article II of the CPM specifically addresses mediation of allegations. Article I, Section 110 of the CPM addresses rapid resolution. In light of the information provided above, if OCR wishes to proceed with rapid resolution for a dismissal or resolution letter, we would be glad to discuss these options.

Additionally, the School Districts would be amenable to mediation, however, according to the CPM, the mediation process involves OCR facilitating a discussion and possible agreement between a complainant and a recipient. It is unclear whether mediation is an available option to resolve this matter. However, if it is available, the School Districts remain amenable to mediation should a parent of a student in attendance at the School Districts have filed a complaint. In such a situation, the School Districts request that OCR act as a neutral facilitator and mediate the complaint.

Article III, Section 302 of the CPM addresses resolution agreements during an investigation. Because of the unsettled state of the law regarding Title IX protections for students and the myriad of court decisions enjoining the Department’s attempted enforcement actions against recipients, it appears that this investigation would be most appropriate for a voluntary resolution process. Litigation would further consume taxpayer resources and that will neither serve students (whom we all jointly serve as part of our mission) and provide little benefit to either the Department or the School Districts. The School Districts request that OCR initiate voluntary resolution proceedings under CPM Section 302.

Specifically, we welcome the opportunity to meet with you both. If easier, would you please provide a few dates in the next two weeks or, if you prefer, undersigned counsel for the School Districts can email you dates that we are available to explore a resolution discussion.

(5)    Applicable Case Law under Title IX

As OCR is well aware, case law has developed in a manner that strongly indicates that transgender students are protected under Title IX and that school districts are legally required to provide equal access to transgender students. The plain language of Title IX does not answer whether transgender students come under its protections. We therefore look to courts to interpret the law. See Loper Bright Enterprises v. Raimondo 603 U.S. 369 (2024) (holding that courts may not defer to an agency interpretation of the law simply because a statute is ambiguous, and that the Administrative Procedure Act requires courts to "decide all relevant questions of law”).

The vast majority of federal appeals courts that have directly considered whether Title IX protects transgender students have found that excluding these students from facilities (or sports) consistent with their gender identity constitutes unlawful discrimination based on sex, often citing the U.S. Supreme Court precedent in the Bostock v. Clayton County case. There is only one federal court of appeals that has determined that Title IX protections do not extend to transgender students and our state, Kansas, is not in that jurisdiction.

As you likely know, the U.S. Supreme Court has yet to decide whether transgender status is a protected class under Title IX, or to determine if cisgender students’ Title IX rights can be violated when equal protection access is provided to transgender students. Most recently, on September 10, 2025, the U.S. Supreme Court denied a request to lift a federal appeals court's injunction order that requires a public school to allow a transgender boy to use the boys' bathroom while he challenges a state law that requires students to use bathrooms based on their biological sex at birth.⁹

(6)    School Districts’ Policy Documents

The School Districts are providing with this response their respective policy, procedure, or guidance documents regarding transgender students.¹⁰ The School Districts are also providing their respective non-discrimination/non-harassment policies, which ensure compliance with Title IX. The School Districts’ position is that their non-discrimination policies, along with their practices with regard to responding to requests by transgender students and their parents, are in compliance with Title IX as it has been interpreted by federal courts.

We welcome a meeting as part of a resolution discussion with OCR and SPPO so that we may fully address, and hopefully resolve, the Department’s three compliance concerns as we seek to find a path forward to voluntarily resolve any remaining questions regarding these three concerns.

(7)    Response to Data Request Dependent on Receipt of Requested Information

Finally, we must express some frustration with our attempts to obtain additional information, both so that we can be responsive to the Department’s Data Request, but more importantly to identify any potential harm to students. We know that our most important mission is to serve our students, and it is this mission that we jointly share. In trying to obtain information from your offices on whether there is any actual or potential harm to a student, we have encountered difficulties, but look forward to addressing any student-specific issues promptly once we receive such information.¹¹

We appreciate the time you are taking to carefully review our response. We also appreciate the opportunity to provide additional clarification in a meeting with you to address any outstanding questions or concerns.

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¹ Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d-1 (emphasis added)

² 34 C.F.R. § 100.6(a).

³ See, U.S. Department of Education, OCR, Case Processing Manual - February, 19, 2025 (PDF)

⁴ A copy of KSHSAA's "Transgender Student Participation Policy" can be found on KSHSAA's website

⁵ See, https://go.boarddocs.com/ks/olathe/Board.nsf/goto?open&id=83DEZJ757D2B

⁶ See, https://go.boarddocs.com/ks/smsd/Board.nsf/goto?open&id=D9USSG7410BB

⁷ See, https://go.boarddocs.com/ks/kckps/Board.nsf/goto?open&id=9PFR7N69C053

⁸ https://www.ed.gov/about/news/press-release/us-department-of-education-finds-five-northern-virginia- school-districts-violation-of-title-ix ; https://www.ed.gov/about/news/press-release/us-department-of-education-finds-five-northern-virginia-sch ool-districts-violation-of-title-ix

⁹ https://www.scotusblog.com/cases/case-files/south-carolina-v-doe/

¹⁰ Olathe Public Schools does not have a policy or documented procedure; however, it does have an informal guidance document, dated 12/2/21, that is provided. Shawnee Mission School District does not have a policy or procedure document. It has an informal living document titled “Transgender Student Practices & FAQs” that is an internal guidance document for school principals that has been updated as principals have raised questions. KCKPS does not have a policy or documented procedure, but has an internal guidance document titled “USD 500 Transgender and Gender Non-Conforming Students Internal Guidance Document”, which is provided. Of note, this guidance document is not the document linked to your August 14, 2025, letter to KCKPS labeled as “Kansas City Kansas Public Schools Guidelines for Transgender and General Non-Conforming Students at School.” As has been communicated repeatedly to the Kansas Attorney General and other inquiring parties, the document linked to your letter is not and has never been adopted, approved or utilized by the KCKPS. Rather, that document was included in a presentation made to KCKPS’s Board of Education during an open public meeting on September 18, 2017. At the meeting (as reflected in the publicly available minutes), the Board accepted the report as an information item only and did not and has not ever adopted or approved the referenced “Guidelines for Transgender and Gender Non-Conforming Students at School”. This document is only accessible on the district website through BoardDocs, because the document was presented to the Board at that meeting and, therefore, is required to remain part of the Board’s public records.

¹¹ The August 14, 2025 letters stated the Department had received a complaint alleging that the School Districts have “ a policy, procedure, or guidance …that permits male students to participate in interscholastic and intramural athletic programs designated for female students, and allows students to use restrooms and locker rooms designated for the opposite sex based on a student’s ‘gender identity [in violation of Title IX]. ” and “ a policy that prevents school officials from disclosing a student’s ‘transgender status’ to the student’s parents unless authorized by the student, in violation of [FERPA] .” On August 29, 2025, the School Districts requested the Department provide information about any complaint, complainant, and policies related to its letters. To date, the Department has not provided any information. The Department’s response stated only that “ [r]equests for records must be submitted in accordance with [FOIA] .” When the School Districts submitted their September 5, 2025 FOIA request, the Department’s September 8, 2025 letter indicated that “ the current average request processing time is 185 business days .” Given that the Department denied the School Districts’ request for an extension beyond an additional 14 days, the Department has created a near-impossible situation under which the School Districts must respond to the Data Request without sufficient information. When the School Districts receive responsive information under FOIA, each School District reserves the right to supplement its response to the Data Request within a reasonable time following receipt of such information.

¹² See, KSHSAA enabling statutes at K.S.A. §§ 72-7114 et seq.

¹³ Note that this Kansas state law has not yet been challenged under Title IX or the Equal Protection Clause. The U.S. Supreme Court decision in the consolidated cases of Hecox v. Little and B.P.J. v. W. Va. State Bd. of Educ. will determine the legality of state laws barring transgender girls from girl's sports.

Dear Mr. Burke & Mr. Miller:

I write to inform you that I represent Olathe Public Schools U.S.D. 233 in Kansas that is currently the subject of the joint OCR/SPPO investigation (OCR Case No. 07251502 and SPPO Case No. 25-0737). I am writing also to confirm my conversation with Mr. Miller earlier this evening. I spoke with Mr. Miller to request a meeting on behalf of Olathe Public Schools. The purpose of this staff-level meeting would be to exchange and clarify information as a follow-up to the documents provided by Olathe Public Schools to the U.S. Department of Education this past  Friday, September 19th. Would you please let me know when might be convenient for the two of you to meet with me?

Thank you for your service and for your time. I look forward to hearing from you.
Sincerely,
Kala Shah
cc: Christopher Pittman, Staff Counsel, Olathe Public Schools
 Brent Yeager, Superintendent, Olathe Public Schools

Dear Mr. Burke & Mr. Miller:
As you know, I represent Olathe Public Schools (Olathe or District). We have met for the past four months during which time Olathe has addressed all three issues raised in your August 14, 2025, letter. The three issues were not new to Olathe as the District was already in compliance with the law at the time of your 2025 letter. Olathe has confirmed that its staff were, and continue to be, in compliance with the law as they work with our students and families.

Nevertheless, Olathe has enclosed its guidance document with the specific language requested by your offices during these past four months. Most importantly, this guidance protects the rights of all students in Olathe. It also resolves all three issues in the pending investigations by --
1.The Office of Civil Rights (OCR) under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and 34 C.F.R. Part 106 (Title IX) (OCR Case No. 07251502); and
2.The Student Privacy Policy Office (SPPO) under the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g and 34 CFR Part 99 (FERPA) (SPPO No. 25-0737).
At the specific request of OCR and SPPO, Olathe has rescinded its prior guidance referenced in your August 14, 2025, letter and prepared the enclosed Guidance Regarding Athletics, Facilities and Education Records” (“Guidance”) to voluntarily comply and resolve all three issues.

As you know, OCR is required under Title IX law to take no action until it “has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means.” It “shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.” Voluntary compliance is critical to improving government efficiency, saving taxpayers money, and expediting compliance, so that we may meet our joint goal, which is to serve and protect all students in the District. Each of the three issues is described further below.

1. Athletics: Title IX requires that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The District’s Guidance included an explicit reference to require compliance with Title IX for athletics. The District has been, is, and agrees to continue to be, in compliance with applicable Title IX law and Kansas law regarding its athletics policy. Despite the flux in national law notwithstanding (including a decision currently pending by the U.S. Supreme Court) and at OCR’s specific request, the District has updated its Guidance to add references to its intramural athletic programs for high school students.

2. Facilities: The District has been, is, and agrees to continue to be, in compliance with applicable Title IX law and Kansas law regarding use of facilities as it maintains separate restrooms, locker rooms and showers for boy and girl students. Despite federal appellate case law in the 10th Circuit Court of Appeals, and specifically at OCR’s request, the District updated its Guidance to confirm that it maintains restrooms, locker rooms and showers as well as overnight accommodations separately for boys and girls.
Equally importantly, to protect the safety, privacy and disability rights of all students, the District includes in its Guidance a provision that it will make available, as appropriate, separate use facilities, including restrooms, locker and shower rooms, and overnight accommodations, to protect all students and that this determination is, and will continue to be, made generally at the building level by the principal. This provision is critical to not only protect the rights of all students, but also to comply with multiple laws (including, but not limited to, the U.S. Constitution, Title IX, the Individuals with Disabilities Act and Section 504 of the Rehabilitation Act).

3. FERPA: Under FERPA, the District must provide parents with access to the education record it maintains for a student in attendance. The District has been, is, and agrees to continue to be, in compliance with FERPA requirements regarding providing parents with access to their student’s education record, consistent with FERPA.

During our discussions from January through April 2026, the District has confirmed that staff and teachers have not, currently do not, and would not, maintain more than one education record for a student. Moreover, in response to SPPO’s inquiry, the District confirmed that it has not ever maintained a separate education record regarding a student’s gender identity. At SPPO’s request, the District updated its Guidance to add language that its annual orientation training for staff will include the FERPA requirements regarding parent access to the student’s education record maintained by the District.

Please find enclosed the updated Guidance document. We trust that this Guidance document, once finalized, would resolve all three issues raised in the ongoing investigations. Kindly confirm receipt of this letter as well as resolution of all three issues.

We look forward to hearing from you.
Sincerely,
Kala Shah

Enc.
cc: (by e-mail)
Brent Yeager (Superintendent, USD 233) (w/enc.)
Chris A. Pittman, Esq. (Counsel, USD 233) (w/enc.)

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Olathe Public Schools Guidance Regarding
Athletics, Facilities and Education Records
Olathe Public Schools (the "District") is committed to a learning environment that is safe and
supportive of all of our students, and that is free from discrimination. Our goals are for all
students to feel safe and supported in our schools and to have equal access to educational
activities. Like everything we do, partnering with our parents and our students is a core
component in helping our students to learn and develop. With these goals in mind, this Guidance Regarding Athletics, Facilities and Education Records (Guidance) reflects recent changes in the law to help our district administrators, teaching staff, counselors, social workers, and nurses maintain strong relationships to support our students.

Applicable Laws: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and
34 C.F.R. Pa1i 106 (Title IX) requires that "no person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving Federal financial assistance."
The Family Educational Rights and Privacy Act 20 U.S.C. § 1232g and 34 CFR Part 99
(FERPA) requires parents to have access to the education record of their student who is in
attendance at an educational agency, such as the District. Kansas statutes (HB 2238 and SB 244) require participation in athletics and facility use (bathrooms and locker rooms) for boys and girls based on biological sex.

1. Athletics: The District complies with Title IX regarding participation in athletics. Kansas
statute (HB 2238) requires the Kansas State High School Activities Association (KSHSAA) to ensure participation in athletics based on the biological sex for boys and girls. The District complies, and shall continue to comply, with these laws regarding participation in athletics for its varsity, competitive and intramural sports in high school. 

2. Facilities: The District complies with Title IX regarding facility use. The District maintains and will continue to maintain separate bathrooms, locker rooms and shower rooms for boys and girls and overnight accommodations. Kansas statute (SB Bill 244) requires individuals to use bathrooms and locker rooms based on their biological sex assigned at birth. The District complies, and shall continue to comply, with these laws regarding facility use and overnight accommodations.

In addition, to protect the safety, privacy and disability rights of all students, staff will review any request for bathroom, locker room and shower rooms as well as overnight accommodations to determine whether a student should be provided with access to a separate private bathroom, locker room or shower room or overnight accommodations,
where appropriate. The detennination for these requests is made generally at the building
level by the principal. This determination is to protect the rights of all students, consistent
with applicable laws (including, but not limited to, the U.S. Constitution, the Individuals
with Disabilities Act and Section 504 of the Rehabilitation Act).

3. Education Record: The District is providing and shall continue to provide parents with
access to their student's education record, consistent with FERPA. The District shall
include in its annual orientation training for staff a review of the FERPA requirements
regarding the parents' right to access to then· student 's education record, consistent with
FERPA.

On Thursday, Aug. 14, 2025, Olathe Public Schools was informed that the U.S. Department of Education, Office of Civil Rights (OCR) and Student Privacy Policy Office (SPPO) were investigating the school district for alleged Title IX and FERPA violations. Olathe Public Schools is and has always been steadfast in its communication that we have not and do not violate state and federal law.

Unfortunately, this topic has become highly political and Olathe Public Schools and others have been thrust into the midst of political theatre and forced to respond to allegations that are completely unfounded or being grossly misrepresented, all on taxpayer time and money.

The district has complied with the investigation process, acted in good faith, and has worked to seek a resolution agreement. This commitment to moving forward and seeking resolution, however, has not been reciprocated. In fact, it has been far different from any other collaborative experience the district has had with the Department of Education and its staff. Discussions with these organizations did not occur in good faith, and there was a complete lack of any meaningful investigation. The result was findings not supported by information, but by incorrect and predetermined decisions.

To be clear, Olathe Public Schools is bound by law to provide a free and appropriate public education to all students. When working with families, we adhere to state and federal laws, as well as the Kansas High School Athletic Association's (KSHSAA) guidelines when it comes to interscholastic and intramural athletic programs.

Throughout the investigation, OCR and SPPO have attempted to retroactively hold Olathe Public Schools accountable to laws and executive orders that were not applicable during the period in question. In addition, there are several inaccuracies within the Department of Education’s latest press release related to their findings, including a statement that Olathe Public Schools “violated Title IX with policies that allow students to use restrooms, locker rooms, and changing rooms based on ‘gender identity.’” The district has no such policies.

To be abundantly clear, Olathe has been in compliance - and will continue to comply with - all state and federal laws, while also continuing to safeguard the rights of all students and parents/guardians.

Attached is the latest communication sent to OCR and SPPO outlining the district’s compliance with all issues raised.

Our priority is, and has always been, to focus on academics. This investigation has pulled substantial time and resources away from our ability to focus on academic excellence and the wellbeing of our students and staff. We remain committed to placing student learning and educational excellence as our top priority.

To Office for Civil Rights Regional Director Bradley Burke and Student Privacy Policy Office Director Frank Miller

Dear Mr. Burke & Mr. Miller:

We were greatly puzzled by your April 17, 2025, Letter of Findings and Resolution Letter to Olathe Public Schools (Olathe) referencing a guidance document that was rescinded in early 2025, well prior to your August 14, 2025, letter. (see footnote)

Olathe wholeheartedly maintains that it is, and has been, in compliance with Federal law. Olathe has acted in good faith throughout the course of this investigation. We firmly reject any implication to the contrary. Olathe has protected, and will continue to protect, the rights of all students in the district.

Given that OCR must take all steps to obtain voluntary compliance prior to taking any enforcement action, Olathe has finalized its Guidance Regarding Athletics, Facilities and Education Records” (“Guidance”) as interim guidance to confirm voluntarily compliance while working on responding to the draft resolution agreement. This enclosed guidance, along with Olathe’s practice throughout this investigation, are consistent with Federal law.

Regarding the timing of our response, Olathe’s Board of Education meets on May 7, 2026, and we will be in touch shortly following that meeting.
Sincerely,
Kala Shah, Education Law Services, LLC

Footnote: Olathe received a notice on August 14, 2025 that it was the subject of investigations by: (1) the Office of Civil Rights (OCR) under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and 34 C.F.R. Part 106 (Title IX) (OCR Case No. 07251502); and (2) the Student Privacy Policy Office (SPPO) under the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g and 34 CFR Part 99 (FERPA) (SPPO No. 25-0737).

To Office for Civil Rights Regional Director Bradley Burke and Jennifer Brooks, and Student Privacy Policy Office Director Frank Miller

Dear Ms. Brooks, Mr. Burke & Mr. Miller:

Olathe’s Board of Education met on May 7, 2026. The BOE and Olathe Public Schools (USD 233) (the District) approved the enclosed Voluntary Resolution Agreement (Agreement) —

1. to provide a safe learning environment for all students; and
2. to ensure the continued federal education funding of the District’s programs.

The District has signed the agreement in order to move forward to resolve all issues in the above- referenced cases. In addition, to protect the safety, privacy and disability rights of all students, we explicitly added provisions (discussed and agreed to in earlier discussions) noting that, under the equal protection clause of the Fourteenth Amendment of the U.S. Constitution, Title IX, the Individuals with Disabilities Education Act, Section 504 and other laws, the District has provided, and will continue to provide, access to separate facilities (and that such access will be determined for the District at the building level by the principal).

The enclosed Agreement resolves all issues in the August 14, 2025, letter from the U.S. Department of Education (USDOE). (see footnote) Attached is a summary of the edits to the Agreement required for legal sufficiency, including clarity and accuracy. Given that each of these edits are for legal sufficiency, we cannot imagine any objections, but I will gladly be available to walk through them if any questions linger.

Kindly acknowledge receipt of the enclosed Agreement. We will be in touch by June 1st regarding the annual certification under the Agreement to ensure the timely issuance of all USDOE grants on July 1, 2026.

Sincerely,
Kala Shah, Education Law Services, LLC

Footnote: Olathe received a notice on August 14, 2025 that it was the subject of investigations by: (1) the Office of Civil Rights (OCR) under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and 34 C.F.R. Part 106 (Title IX) (OCR Case No. 07251502); and (2) the Student Privacy Policy Office (SPPO) under the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g and 34 CFR Part 99 (FERPA) (SPPO No. 25-0737).

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Attachment A
Summary of Edits to the Agreement for
Legal Sufficiency, Clarity & Accuracy

(1) The agreement’s purpose was clarified to note it is to “protect the rights of, and ensure a safe learning environment for, all students” and to “ensure continued federal education funds for the District’s programs” in addition to resolving all issues in the pending cases.

(2) To protect the safety, privacy and disability rights of all students, the District has provided, and will continue to provide, access to separate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations. This provision is critical to comply not only with Title IX, but also with other federal laws such as the equal protection clause of the Fourteenth Amendment of the U.S. Constitution, the Individuals with Disabilities Education Act or IDEA, Section 504 of the Rehabilitation Act, and other applicable laws. The access request will be determined on a case-by-case basis at the building level by the principal.

(3) The word "intimate" was removed in all places as an adjective to describe facilities as it is extremely inappropriate when referring to children. The facilities are clear in their specific examples as restrooms, locker rooms, etc. 

(4) Only the definition for the term “sex” is relevant given that the District must record the sex and legal name of each student upon registration/enrollment, based on the birth certificate as well as maintain specific information for the permanent record of each student. It is not appropriate legally for the District to include any other definitions. 

(5) There is no legal authority for reference to compensatory education services under Title IX. Compensatory education services are legal terms of art and entitlements under Section 504 and the Individuals with Disabilities Education Act (IDEA). If we are confused, kindly provide citations of federal statutory authority under Title IX. 

(6) For accuracy, the District has repeatedly confirmed that it has never had a "gender support plan” and any references to it in the Agreement are confusing without the context and clarification that was provided. 

(7) The term “staff” was removed from Action item 1 and the annual certification as this Agreement is under Title IX regarding students and not Title VII regarding staff. 

(8) We removed the reference to “physical education classes” regarding separation by sex under Title IX because Title IX requires generally that such classes be coed and any exception to that rule must also be reviewed in the context of multiple other laws. 

(9) Provisions for clarity were added to clarify that any proposed monitoring of this Agreement by the U.S. Department of Education may occur with 10 calendar days advance written notice to the District to ensure that education services are uninterrupted and that all notices under the Agreement must be provided by email.

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RESOLUTION AGREEMENT
Olathe Public Schools, USD 233
OCR Case Number 07251502
SPPO Case Number 25-0737

Olathe Public Schools, USD 233 (hereinafter referred to as the "District") voluntarily enters into this Resolution Agreement (hereinafter referred to as the "Agreement") with the U.S. Department of Education's Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) in order:

(1) to protect the rights of, and ensure a safe learning environment for, all students; and

(2) to ensure the continued federal education funding of the District's education programs

and to resolve all issues identified during the above-referenced investigations. This Agreement does not constitute an admission by the District of any violation of Title IX of the Education Amendments Act of 1972 (Title IX), the Family Educational Rights and Privacy Act (FERP A), or
any other federal law enforced by the U.S. Department of Education.

Action Item 1 - Title IX
(A) The District will post on its website a public statement, stating that, as a recipient of federal funding, the District has complied and will continue to comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. and its implementing regulations ("Title IX") in all of its education programs and activities, including in the provision of and access to facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, and participation in interscholastic athletics and intramural sports programs.

The statement shall:
(i) Specify that Title IX compliance means the District will not - on the basis of sex - exclude male or female students from participation in, deny students the benefits of, or subject students to discrimination under any education program or activity including but not limited to participation in athletics programs or activities including intramural sports and interscholastic athletics programs, or in the provision of facilities including locker rooms, bathrooms, shower facilities, and overnight accommodations.

(ii) Specify that the District shall not allow male students to compete in any interscholastic athletic or intramural program designated for girls or
women, ensuring that only female students are eligible to compete as a member of girls' and women's athletics and intramural programs,
consistent with current Title IX and Kansas law.

(iii) Specify that the District will provide access to facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations,
accessible to students, strictly on the basis of sex, and that the facilities provided for one sex shall be comparable to such facilities provided for the other sex. 

(iv) Specify that the District shall continue to provide access to separate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations in compliance with not only Title IX, but also in compliance with other federal laws that require the protection of all students' safety, privacy and disability rights (such access will be determined for the District at the building level by the principal). 

(v) State that the word sex as used in the statement and as applicable in all practices, policies, guidance and procedures adopted and implemented by the District including its athletics programs and provision of facilities pursuant to or consistent with Title IX, mean the following: "Sex" is a person's biological classification at birth as either male or female as reflected on the student's birth certificate. The foregoing definition applies throughout this Agreement. The District is required under State law and District policy to review for each student upon enrollment, the student's birth certificate to record the student's legal name, date of birth, sex, and names of parents.

The District must maintain as a permanent record for each student the student's legal name and sex (with other information). 

(vi) The District has revised its guidance, which advises staff to permit students to use facilities including sex-separated locker rooms, bathrooms, shower facilities, and overnight accommodations by members of the opposite sex to reflect that (1) Title IX requires recipients that offer separate facilities to ensure that such facilities provided for students of one sex are comparable to such facilities provided for students of the other sex, and that (2) a recipient that provides sex-separated facilities violates Title IX and Kansas law when the recipient allows members of the opposite sex to use such facilities.

(B) The District has revised its guidance, and will update its trainings, to advise, instruct, or authorize staff to reflect that under current Title IX and Kansas law, student participation in intramural or interscholastic athletics, shall be based on the student's sex. 

(C) The District will review all of its internal and public-facing websites for any statements, links, or documents that are inconsistent with Title IX and Kansas law on the points iterated in this Agreement and remove or revise any such statements, links, or documents to reflect compliance with the Title IX requirements iterated in this Agreement. 

(D) The District has adopted guidance regarding interscholastic athletics and intramural sports to reflect that under Title IX and Kansas law, student participation in interscholastic athletics and intramural sports shall be based on the student's sex. 

(E) The District has implemented guidance regarding access to restrooms, locker rooms, changing rooms, and overnight accommodations, to reflect that under Title IX, student utilization of restrooms, locker rooms, changing rooms, and overnight accommodations, shall be based on the student's sex. This guidance specifies that the District shall continue to provide access to separate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations in compliance with not only Title IX, but also in compliance with other federal laws that require the protection of all students' safety, privacy and disability rights (and that such access will be determined for the District at
the building level by the principal).

Reporting Requirements for Action Item 1
(A) By October 1, 2026, the District will provide OCR with documentation reflecting that the statement was posted on the District's website as described in Action Item 1 (A), including a link to the location where the statement is posted. 

(B) By October 1, 2026, the District will submit to OCR evidence of: (i) its revision of prior guidance in compliance with Action Items 1 (B) and 1 (C); and (ii) revisions to its websites in compliance with Action Item 1 ( C), including a link to the location the revised websites if applicable.

(C) By October 1, 2026, the District will provide OCR with documentation reflecting that the procedure described in Action Items l(D) and (E) has been adopted by the District, including a link to the location where the procedure is posted.

(D) By October 1, 2026, the District will provide OCR with documentation reflecting that the procedure described in Action Item 1

(F) has been adopted by the District, including a link to the location where the procedure is posted.

Action Item 2 - FERPA
(A) The District will issue a memorandum to all District personnel informing them that the District has not had and does not have "gender support plans" but that if there were such a document that is directly related to a student in attendance at the District and which is
maintained by the District, such a document would generally be an education record under FERP A, and therefore, subject to review and inspection by the parents of a student. 

(B) The District has revised its guidance to include language sufficient to support the implementation of corrective action (A), and shall revise such guidance to the extent any current policy might contradict the statement from corrective action (A). 

(C) The District will submit documentation that will ensure that future District personnel annual FERP A training includes content that aligns with corrective actions (A) and (B).

Reporting Requirements for Action Item 2
(A) By October 1, 2026, the District will provide SPPO with documentation reflecting that the memorandum was issued and/or posted on the District's website as described in Action Item 2(A). 
(B) By October 1, 2026, the District will provide SPPO with copies of any updated guidance reflecting 2 (A) and (B), and an assurance that its practices are aligned with the District's guidance. 

(C) By October 1, 2026, the District will submit to SPPO documentation of training materials and corresponding revised guidance, if applicable, as described in 2 (A) and (B) including a link(s) to the location where such are posted.

Action Item 3 - Annual Certification and Reporting
(A) By June 1, 2026, 2027, and 2028, the District will submit to OCR an annual certification that: (i) students are not permitted to use restrooms, locker rooms, or changing rooms designated for the opposite sex; (ii) all information related to a student that is maintained by the District, whether in official or unofficial files, is considered generally an education record under FERPA, and is therefore, subject to review and inspection by the student's parents; and (iii) that the District's policies related to both items described herein are posted prominently on the District's website, along with a link to each policy.

Conclusion
By signing this Agreement, the District agrees to provide data and other information in a timely manner in accordance with the reporting requirements of the Agreement. During the monitoring of this Agreement, if necessary, the U.S. Department of Education may, with 10 calendar days advance written notice to the District to ensure that the delivery of education and school instruction are uninterrupted, visit the District, interview staff and students, and request such additional reports or data as are necessary to determine whether the District has fulfilled the terms and obligations of this Agreement. All written notice under this Agreement shall be provided by email.

Upon the U.S. Department of Education's acknowledgment of the District's satisfaction of the commitments made under this Agreement, OCR and SPPO will close the case. The District understands and acknowledges that OCR and SPPO may initiate proceedings to enforce the specific terms and obligations of this Agreement and/or the applicable federal statute(s) and regulation(s). Before initiating such proceedings, the U.S. Department of Education will give the District written notice of the alleged breach and 60 calendar days to cure the alleged breach.

The Agreement will become effective immediately upon the signature of the District's authorized official below. 

By: Dr. Brent Yeager, Superintendent
Olathe Public Schools, USD 233

cc: Kala Shah, Education Law Services, LLC, Counsel for Olathe Public Schools
Chris A. Pittman, Staff Counsel, Olathe Public Schools
Jennifer Brooks and Bradley Burke, Office for Civil Rights, U.S. Department of Education
Frank Miller, Director, Student Privacy Policy Office, U.S. Depaiiment of Education

On May 8, 2026, the Olathe Public Schools submitted a voluntary resolution agreement to address concerns raised in an investigation by the U.S. Department of Education’s Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) regarding alleged Title IX and FERPA violations.

These cases have required significant time and resources that would otherwise have been directed toward classrooms and student support. While the district does not agree with and firmly rejects the allegations raised during this process, it chose to pursue a voluntary resolution after months of discussions in order to remain focused on serving students and families, avoid prolonged disruption and financial impact, maintain our commitment to being good stewards of taxpayer dollars, and protect critical federal funding.

The district entered into this agreement with two clear priorities:

1. Protecting the safety, wellbeing, and rights of every student; and
2. Preserving critical federal funding that supports educational programs and services for students across the district.

Olathe Public Schools firmly maintains that the district has always, and continues to, comply with both Title IX and FERPA requirements. The district always provides parents with full access to educational records as required by law and has never maintained unofficial student records nor used “gender support plans” as alleged by SPPO.

Through this agreement, Olathe Public Schools will continue our longstanding commitment to:

1. Protect the privacy, disability, safety and health rights of all students in the district and continue to consider on a case-by-case basis student and parent requests;
2. Respect the rights of parents to support their children’s education;
3. Support district staff in providing a safe learning environment for all students; and
4. Follow all federal and state laws, including the U.S. Constitution, Section 504, IDEA and other laws that ensure protections for students.

The district trusts this resolution satisfies the Department of Education’s requirements and will allow Olathe Public Schools to move forward responsibly from this drawn-out political display.

Throughout this process, the district’s focus has remained unchanged: academic excellence, and supporting the wellbeing of our students, staff and community. Olathe Public Schools looks forward to returning its full attention to the work that matters most — educating students and preparing them for their future.

To Office for Civil Rights Regional Director Jennifer Brooks and Student Privacy Policy Office Director Frank Miller

Dear Ms. Brooks & Mr. Miller:

Olathe Public Schools (Olathe) was surprised by OCR’s May 27, 2026, Impasse Letter. (see footnote) Since receiving USDOE’s August 14, 2025, investigation letter, Olathe has —

• Fully cooperated with USDOE’s information requests;
• Offered onsite investigation opportunities
• Continuously complied with Title IX and FERPA; and
• Negotiated in good faith for over six months (since December 10, 2025).

These actions embody “the principles for negotiation and resolution” (contrary to USDOE’s Impasse letter). Olathe met with USDOE on June 2, 2026, to walk through its counterproposal.

There is no basis for USDOE’s April 17, 2026, findings. There are no “Title IX violations” to resolve here. FERPA is not implicated. Olathe’s policy complies with Title IX, FERPA and Kansas law. The alleged “policy” referenced in OCR’s April 17, 2026, letter was not in place on August 14, 2025. USDOE have failed to investigate this matter or to identify any Title IX or FERPA violations. If USDOE has a counterproposal for Olathe to consider, we will review it.

Sincerely,
Kala Shah, Education Law Services, LLC

Footnote: On August 14, 2025, Olathe received an investigation letter from the U.S. Department of Education (USDOE) and its: (1) the Office of Civil Rights (OCR) under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. and 34 C.F.R. Part 106 (Title IX) (OCR Case No. 07251502); and (2) the Student Privacy Policy Office (SPPO) under the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g and 34 CFR Part 99 (FERPA) (SPPO No. 25-0737).

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Olathe Public Schools, USD 233
OCR Case Number 07251502
SPPO Case Number 25-0737
Olathe Public Schools, USD 233 (hereinafter referred to as the “District”) voluntarily enters into this Resolution Agreement (hereinafter referred to as the “Agreement”) with the U.S. Department of Education’s Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) in order:

(1) to protect the rights of, and ensure a safe learning environment for, all students; and

(2) to ensure the continued federal education funding of the District’s education programs and to resolve all issues identified during the above-referenced investigations. This Agreement does not constitute an admission by the District of any violation of Title IX of the Education Amendments Act of 1972 (Title IX), the Family Educational Rights and Privacy Act (FERPA), or any other federal law enforced by the U.S. Department of Education.

Action Item 1 – Title IX
(A) The District will post on its website a public statement, stating that, as a recipient of federal funding, the District has complied and will continue to comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. and its implementing regulations (“Title IX”) in all of its education programs and activities, including in the provision of and access to facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, and participation in interscholastic athletics and intramural sports programs.

The statement shall:

(i) Specify that Title IX compliance means the District will not – on the basis of sex – exclude male or female students from participation in, deny students the benefits of, or subject students to discrimination under any education program or activity including but not limited to participation in athletics programs or activities including intramural sports and interscholastic athletics programs, or in the provision of facilities including locker rooms, bathrooms, shower facilities, and overnight accommodations.

(ii) Specify that the District shall not allow male students to compete in any interscholastic athletic or intramural program designated for girls or women, ensuring that only female students are eligible to compete as a member of girls’ and women’s athletics and intramural programs, consistent with current Title IX and Kansas law. 

(iii) Specify that the District will provide access to facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, accessible to students, strictly on the basis of sex, and that the facilities provided for one sex shall be comparable to such facilities provided for the other sex. 

(iv) Specify that the District shall continue to provide access to separate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations in compliance with not only Title IX, but also in compliance with other federal laws that require the protection of all students’ safety, privacy and disability rights (such access will be determined for the District at the building level by the principal).

(v) State that the word sex as used in the statement and as applicable in all practices, policies, guidance and procedures adopted and implemented by the District including its athletics programs and provision of facilities pursuant to or consistent with Title IX, mean the following: “Sex” is a person’s biological classification at birth as either male or female as reflected on the student’s birth certificate. The foregoing definition applies throughout this Agreement. The District is required under State law and District policy to review for each student upon enrollment, the student’s birth certificate to record the student’s legal name, date of birth, sex, and names of parents. The District must maintain as a permanent record for each student the student’s legal name and sex (with other information). 

(vi) The District has revised its guidance, which advises staff to permit students to use facilities including sex-separated locker rooms, bathrooms, shower facilities, and overnight accommodations by members of the opposite sex to reflect that (1) Title IX requires recipients that offer separate facilities to ensure that such facilities provided for students of one sex are comparable to such facilities provided for students of the other sex, and that (2) a recipient that provides sex-separated facilities violates Title IX and Kansas law when the recipient allows members of the opposite sex to use such facilities.

(B) The District has revised its guidance, and will update its trainings, to advise, instruct, or authorize staff to reflect that under current Title IX and Kansas law, student participation in intramural or interscholastic athletics, shall be based on the student’s sex.

(C) The District will review all of its internal and public-facing websites for any statements, links, or documents that are inconsistent with Title IX and Kansas law on the points iterated in this Agreement and remove or revise any such statements, links, or documents to reflect compliance with the Title IX requirements iterated in this Agreement. 

(D) The District has adopted guidance regarding interscholastic athletics and intramural sports
to reflect that under Title IX and Kansas law, student participation in interscholastic athletics and intramural sports shall be based on the student’s sex.

(E) The District has implemented guidance regarding access to restrooms, locker rooms, changing rooms, and overnight accommodations, to reflect that under Title IX, student utilization of restrooms, locker rooms, changing rooms, and overnight accommodations, shall be based on the student’s sex. This guidance specifies that the District shall continue to provide access to separate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations in compliance with not only Title IX, but also in compliance with other federal laws that require the protection of all students’ safety, privacy and disability rights (and that such access will be determined for the District at the building level by the principal).

Reporting Requirements for Action Item 1
(A) By October 1, 2026, the District will provide OCR with documentation reflecting that the
statement was posted on the District’s website as described in Action Item 1(A), including a link to the location where the statement is posted.

(B) By October 1, 2026, the District will submit to OCR evidence of: (i) its revision of prior guidance in compliance with Action Items 1(B) and 1(C); and (ii) revisions to its websites in compliance with Action Item 1(C), including a link to the location the revised websites if applicable.

(C) By October 1, 2026, the District will provide OCR with documentation reflecting that the
procedure described in Action Items 1(D) and (E) has been adopted by the District, including a link to the location where the procedure is posted. 

(D) By October 1, 2026, the District will provide OCR with documentation reflecting that the
procedure described in Action Item 1(F) has been adopted by the District, including a link to the location where the procedure is posted.

Action Item 2 – FERPA
(A) The District will issue a memorandum to all District personnel informing them that the
District has not had and does not have “gender support plans” but that if there were such
a document that is directly related to a student in attendance at the District and which is
maintained by the District, such a document would generally be an education record
under FERPA, and therefore, subject to review and inspection by the parents of a student.

(B) The District has revised its guidance to include language sufficient to support the
implementation of corrective action (A), and shall revise such guidance to the extent any
current policy might contradict the statement from corrective action (A).

(C) The District will submit documentation that will ensure that future District personnel
annual FERPA training includes content that aligns with corrective actions (A) and (B).

Reporting Requirements for Action Item 2
(A) By October 1, 2026, the District will provide SPPO with documentation reflecting that
the memorandum was issued and/or posted on the District’s website as described in
Action Item 2(A). 

(B) By October 1, 2026, the District will provide SPPO with copies of any updated guidance
reflecting 2 (A) and (B), and an assurance that its practices are aligned with the District’s guidance.

(C) By October 1, 2026, the District will submit to SPPO documentation of training materials
and corresponding revised guidance, if applicable, as described in 2 (A) and (B) including a link(s) to the location where such are posted.

Action Item 3 – Annual Certification and Reporting
(A) By June 1, 2026, 2027, and 2028, the District will submit to OCR an annual certification
that: (i) students are not permitted to use restrooms, locker rooms, or changing rooms
designated for the opposite sex; (ii) all information related to a student that is maintained
by the District, whether in official or unofficial files, is considered generally an education
record under FERPA, and is therefore, subject to review and inspection by the student’s
parents; and (iii) that the District’s policies related to both items described herein are posted
prominently on the District’s website, along with a link to each policy.

Conclusion
By signing this Agreement, the District agrees to provide data and other information in a timely
manner in accordance with the reporting requirements of the Agreement. During the monitoring of this Agreement, if necessary, the U.S. Department of Education may, with 10 calendar days advance written notice to the District to ensure that the delivery of education and school instruction are uninterrupted, visit the District, interview staff and students, and request such additional reports or data as are necessary to determine whether the District has fulfilled the terms and obligations of this Agreement. All written notice under this Agreement shall be provided by email.

Upon the U.S. Department of Education’s acknowledgment of the District’s satisfaction of the
commitments made under this Agreement, OCR and SPPO will close the case.

The District understands and acknowledges that OCR and SPPO may initiate proceedings to
enforce the specific terms and obligations of this Agreement and/or the applicable federal statute(s) and regulation(s). Before initiating such proceedings, the U.S. Department of Education will give the District written notice of the alleged breach and 60 calendar days to cure the alleged breach.

The Agreement will become effective immediately upon the signature of the District’s authorized official below.
By: _______________________________________ Date:____________________
Dr. Brent Yeager, Superintendent
Olathe Public Schools, USD 233
cc: Kala Shah, Education Law Services, LLC, Counsel for Olathe Public Schools
Chris A. Pittman, Staff Counsel, Olathe Public Schools
Jennifer Brooks, Office for Civil Rights, U.S. Department of Education
Frank Miller, Director, Student Privacy Policy Office, U.S. Department of Education

On May 8, 2026, Olathe Public Schools submitted a voluntary resolution agreement to address concerns raised by the U.S. Department of Education's Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) regarding alleged Title IX and FERPA violations. Despite the district's full cooperation throughout the process and good faith effort to bring this matter to a reasonable conclusion, the Department of Education has rejected the signed agreement and has sent a notice of enforcement actions.

Olathe Public Schools is deeply disappointed by this decision.

The Department of Education's rejection of a negotiated resolution raises serious concerns about whether the goal of this process is to reach a practical and lawful outcome or to pursue a predetermined result that does not reflect the facts, the law, or the district's actual practices. Instead, the Department has chosen to prolong a process that has already consumed significant district time and taxpayer resources, resources that would be better spent supporting classrooms and student success.

Olathe Public Schools firmly maintains that it has always been, and continues to be, in compliance with both Title IX and FERPA. For months, the district has worked transparently with federal officials in an effort to resolve this matter. Olathe Public Schools pursued a voluntary resolution not because the district agreed with the allegations, but to avoid additional disruption, protect critical federal funding, minimize unnecessary legal costs, and remain focused on our core mission of educating students.

The consequences of the Department's decision are significant. According to the Department's own findings letter, OCR may: "(1) initiate administrative proceedings to suspend, terminate, or refuse to grant or continue and defer financial assistance from funds made available through the Department to the District; or (2) refer the case to the United States Department of Justice for judicial proceedings."

Despite the district's willingness to engage in a voluntary resolution process, the Department has chosen to reject an agreement that would have brought closure to this matter and allowed everyone involved to move forward. Faced with the threat of losing critical federal funding or being referred for litigation, the district has been placed in a position that feels less like a collaborative effort to resolve concerns and more like an attempt to strong-arm the district into accepting allegations and remedies it does not believe are supported by the facts or the law.

Olathe Public Schools will now shift its focus to defending our school system through any and all legal avenues to ensure we continue to receive federal funding, protect our district and the students we serve, and ensure the record reflects the truth: Olathe Public Schools has always been in compliance with both Title IX and FERPA. We will not allow inaccurate allegations or politically driven narratives to undermine the work of our staff, the trust of our families, or the educational opportunities available to our students.

We remain hopeful that the Department of Education will ultimately choose a path grounded in facts, fairness, due process, and the best interests of students. Until then, Olathe Public Schools stands ready to vigorously defend its practices, its reputation, and the students and families we are privileged to serve.

Frank E. Miller, Director,
Student Privacy Policy Office (SPPO)
U.S. Department of Education (USDOE)
400 Maryland Avenue, S.W.
Washington, D.C. 20202

Re: Olathe Public Schools, USD 233 (SPPO No. 25-0737)

Dear Mr. Miller:
Olathe Public Schools (“Olathe”) strongly disagrees with SPPO’s July 23, 2026, Letter of Finding under FERPA.¹ SPPO’s finding has no basis in law or in fact. SPPO’s finding relies on outdated administrative guidance that SPPO alleges “on its face interferes with the right of parents to inspect and review their minor children’s education records.” Notwithstanding that Olathe’s former administrative guidance provided parents with full access rights to inspect and review their children’s education records under FERPA, Olathe has not been notified of any complaint from a parent of a student, filed with SPPO or with Olathe, alleging failure of Olathe to provide immediate access to educational records.²

Additionally – and as SPPO is aware - Olathe’s operative administrative guidance, “Guidance Regarding Athletics, Facilities and Education Records” (“Guidance”), states that “[t]he District is providing and shall continue to provide parents with access to their student’s education record, consistent with FERPA.” Olathe provided a copy of this Guidance to SPPO on April 23, 2026. In that same correspondence, Olathe explicitly confirmed that it neither maintains more than one education record for a student nor maintains a separate education record for its students.

Additionally, and at SPPO’s request, Olathe updated its Guidance to add explicit language that its annual orientation training for staff now include a “review of the FERPA requirements regarding parents’ right to access to their student’s education record, consistent with FERPA.” All Olathe staff are currently participating in annual FERPA training, and Olathe’s district administration are following up with building principals in targeted building level meetings regarding the Guidance. Olathe will complete all training items by August 31, 2026.

Finally, although FERPA provides the Secretary of Education authority to “take appropriate actions to enforce” its provisions, such action is only appropriate when she “finds there has been a failure to comply” with FERPA and she “has determined that compliance cannot be secured by voluntary means.” 20 U.S.C. § 1232g(f).

Given that Olathe’s Guidance complies with FERPA, SPPO has not identified any other alleged FERPA violation, and Olathe is already implementing its Guidance voluntarily, there is no basis for a settlement agreement or any other potential enforcement action. We will continue to update you regarding the implementation of the Guidance.

Sincerely,
Kala Shah
Kala Shah
cc: Chris A. Pittman, Esq., Counsel, Olathe Public Schools

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¹ The July 23, 2026, letter as issued following the August 14, 2025, notice of investigation letter from the Student Privacy Policy Office (SPPO) under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.

² To date, Olathe has yet to receive a substantive response from SPPO to Olathe’s Freedom of Information Act Request (“FOIA”), dated September 5, 2025, seeking all FOIA records related to any complaints filed with SPPO about Olathe.

In response to the Department of Education's Aug. 25, 2026, press release, Olathe Public Schools is reiterating the district’s compliance with all federal and state laws.

On Aug. 10, 2026, Olathe Public Schools submitted a formal response to the latest unfounded findings letter issued by the U.S. Department of Education's Student Privacy Policy Office (SPPO) regarding alleged violations of the Family Educational Rights and Privacy Act (FERPA). In its response, Olathe Public Schools unequivocally rejected the Department's findings.

Olathe Public Schools maintains that it has not, nor has it ever, violated any laws regulating public schools, including FERPA. Olathe Public Schools has a strong history of working with parents and guardians to provide information related to their children, and that commitment and practice has never changed. The Department’s findings not only question the district’s practices as a whole but question the integrity and professionalism of our staff members who ultimately are being accused of violating FERPA.

Throughout the investigation, Olathe Public Schools has acted transparently and in good faith. However, those efforts have not been met with the same commitment to an impartial, fact-driven investigation. Instead, the Department has repeatedly disregarded documented evidence that directly contradicts its conclusions. This continued disregard for the district's compliance efforts reinforces serious concerns that this investigation and resulting findings were not based on objective facts but were, in fact, predetermined from the start.

In the Department’s latest press release, they indicate that Olathe Public Schools, “refused to come into voluntary compliance with FERPA.” This is not accurate. At the urging of the Department and in an effort to preserve taxpayer funds and staff time, the district submitted a voluntary resolution agreement on May 8, 2026, that was subsequently rejected by the Department. In the district’s response to the latest findings on Aug. 7, Olathe Public Schools declined signing any further voluntary resolution agreement as no factual evidence of FERPA violations have been produced by the Department.

The unfortunate continuation of this drawn-out political display continues to rob time and resources from the work that matters most as a public school system: educating our children. Olathe Public Schools will continue to defend the integrity of its people and practices, and remains committed to serving students, supporting families, and complying with all applicable federal and state laws.

Dear Dr. Yeager:

The United States Department of Education (Department), Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO), writes to inform you that the Department received a complaint alleging the Olathe Public Schools, U.S.D. 233 (the District) has a policy, procedure, or guidance (hereinafter policy) that permits male students to participate in interscholastic and intramural athletic programs designated for female students, and allows students to use restrooms and locker rooms designated for the opposite sex, based on a student’s “gender identity,” in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulation 34 C.F.R. Part 106. The complaint also alleges the District has a policy that prevents school officials from disclosing a student’s “transgender status” to the student’s parents unless authorized by the student, in violation of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulation at 34 C.F.R. Part 99.

TITLE IX

OCR enforces Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulation, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of federal financial assistance from the Department, the District is subject to Title IX and to OCR’s enforcement jurisdiction.

Pursuant to its regulatory authority, as set forth in 20 U.S.C. § 1682, 34 C.F.R. § 106.81, and 34 C.F.R. § 100.7, OCR may initiate an investigation whenever a report, complaint, or other information indicates a possible failure to comply with the laws and regulations that OCR enforces.

OCR is opening an investigation to examine whether the Olathe Public Schools, U.S.D. 233, policy permits male students to participate in interscholastic and intramural athletic programs 

designated for female students, and/or permits students to use restrooms and locker rooms designated for the opposite sex, in violation of Title IX and its implementing regulations.

FERPA

SPPO enforces the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulation at 34 C.F.R. Part 99. Pursuant to its regulatory authority, as set forth in 20 U.S.C. §1232g(f), 34 C.F.R. § 99.60, 34 CFR §§ 99.64 and 99.65, SPPO may investigate complaints and take appropriate action to enforce FERPA.

FERPA provides that parents have the right to inspect and review their children’s education records, which are defined as records, files, documents, and other materials that are directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution. 20 U.S.C. § 1232g(a)(l)(A); 34 CFR Part 99, Subpart B, and § 99.3 (“Education records”). Once a student reaches 18 years of age or attends a postsecondary institution, all FERPA rights transfer from parents to the student. 34 CFR §§ 99.3 (“Eligible student”) and 99.5. For this notification’s purposes, we assume that the students in question are not “eligible students” and that the parents retain their right to inspect and review their children’s education records under FERPA.

The complaint alleges that the District has a policy that interferes with the right of parents to inspect and review their minor children’s education records. Specifically, while the policy states “[b]est practice is for staff to obtain parental consent before addressing the student publicly by their preferred name and/or pronoun” it goes on to state that:

Staff must be careful to refrain from incautious disclosure of a student’s gender status and/or sexual orientation. Informing the decision to disclose to a parent/guardian are considerations related to the age of the student; whether the student has developmental disabilities; protecting the privacy interests of the student; whether the communications with the parent would cause trauma to the student, and a fear for the child’s health as a result of that communication.

The complaint further alleges that the policy then “tosses out several unsupported suggestions for relieving staff of the duty to notify parents, such as an unsupported ‘words-are-violence’ contention that the communication alone might cause ‘trauma’ and a legally baseless argument that a minor child’s supposed ‘privacy interests’ somehow overwhelm the constitutional right of parents to control the upbringing of their child (such as by naming him or her) as they see fit.” This language could be interpreted to give school officials discretion that would ultimately infringe on the rights of a parent under FERPA. More so, this type of scenario is addressed in U.S. Secretary of Education Linda McMahon’s cover letter that included the following strong reminder to state and local education authorities:

By natural right and moral authority, parents are the primary protectors of their children. Yet many states and school districts have enacted policies that presume children need protection from their parents. Often, such policies evade or misapply [FERPA], turning the concept of privacy on its head to facilitate ideological indoctrination in a school environment without parental interference or even involvement. Going forward, the Department of Education will insist that schools apply FERPA correctly to uphold, not thwart, parents’ rights.

SPPO is opening an investigation to determine whether the District policy violates FERPA and its implementing regulations. The Department has a number of enforcement options available to bring a covered entity into compliance with FERPA, including withholding further payments, issuing a cease and desist order, and recovering funds. See 34 CFR § 99.67 and 20 U.S.C. § 1234c. The Court of Appeals in United States v. Miami University, 294 F.3d 797, 808 (6th Cir. 2002) also concluded that the United States has the inherent power to sue to enforce conditions imposed under FERPA on the recipients of federal grants. However, this Office is committed to working with the District to ensure voluntary compliance with FERPA as provided under § 99.66(c)(2) of the regulations.

The initiation of an investigation is not itself evidence of a violation of federal civil rights laws and regulations. During the investigation, OCR and SPPO are neutral; OCR and SPPO will collect and analyze the evidence needed in order to make a decision about the complaint. OCR will ensure that its investigation is legally sufficient in accordance with OCR’s Case Processing Manual (February 19, 2025). OCR and SPPO will reach out to you shortly with a data request.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information, that, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy.

OCR’s Kansas City enforcement office will lead the Title IX investigation, while SPPO will lead the FERPA investigation. Should you have any questions regarding OCR’s investigation, please do not hesitate to contact Bradley.Burke@ed.gov. Questions regarding FERPA may be directed to FERPA.ComplaintResponse@ed.gov.

Dear Dr. Yeager:

Enclosed with this letter is an initial Data Request for information. The Department will create a secure link to SharePoint in which the requested documents and information should be uploaded. Please submit the requested information via SharePoint link by close of business September 5, 2025. In order for your team to upload data to the link, we need you to provide a list of specific names and email addresses of the members of your team you designate to provide the data. You and the members of your team will be emailed a link to the SharePoint site following receipt of your list of names and email addresses. Please email the list of names and email addresses of your team who should be granted access to the SharePoint site to Bradley.Burke@ed.gov by the close of business August 27, 2025. Once I receive the list, I can send the SharePoint link to you and your team.

All data responses should be submitted via SharePoint, but other communication may be sent via e-mail. When contacting OCR about this investigation via e-mail, please include in the subject line of any e-mail correspondence and in any other communication, a reference to the case numbers at the top of this letter.

If you have any questions regarding this Data Request relating to Title IX, please contact Bradley.Burke@ed.gov, or relating to FERPA, please contact FERPA.ComplaintResponse@ed.gov.

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Please submit the following information to the SharePoint link, by close of business September 5, 2025. If any item in this request is unclear, or if you experience any difficulty complying with this request, please contact Bradley.Burke@ed.gov or FERPA.ComplaintResponse@ed.gov prior to September 5, 2025. If any responsive documents contain Social Security numbers, please redact all Social Security Numbers before producing the documents to OCR and SPPO.

Preservation of requested and relevant data and documents: OCR and SPPO may request supplemental data and documents that are relevant to the allegation(s) under investigation. To ensure that OCR and SPPO can assess the recipient’s compliance with the statutory and regulatory obligations at issue in this investigation, please ensure that recipient employees and contractors preserve the data and documents requested below for the timeframe specified in these requests and going forward, until you are notified by OCR and SPPO that this matter is resolved. Please also ensure that recipient employees and contractors preserve other data and documents that are relevant to the issues identified in the Notification Letter until OCR and SPPO notify you that this matter is resolved.

Separate and complete responses are required for each request. These requests are continuing in nature, and Recipient is under a duty to amend, supplement, or correct any response or production to these requests. Your response to these requests should include all responsive documents in your possession, custody, or control, or the possession, custody, or control of any of your predecessors, successors, employees, contractors, agents, servants, representatives, or attorneys. Where any information required of a recipient is in the exclusive possession of any other agency, institution or person and such agency, institution or person shall fail or refuse to furnish the information to the recipient, the recipient shall notify OCR of the efforts the recipient has made to obtain the information. All non-identical copies of every document whose production is requested should be separately produced.

All documents produced in response to an individual request shall be physically segregated from documents produced in response to any other requests, and the request to which they are responsive shall be specifically identified. If a document is responsive to more than one request, please specify each of the requests to which the document is responsive. Documents shall be retained in the order in which they were maintained in the file where found.

For the purpose of reading, interpreting, or construing the scope of a request, the terms used (including any purported ambiguity) shall be given their most expansive and inclusive interpretation. A variant of any defined term (e.g., “include” is a variant of “including”) shall have the appropriate contextual meaning of the defined term’s variant. The singular of any word includes the plural and vice versa, and should be given whichever meaning that makes the Request more expansive and inclusive. The past tense of any word includes the present tense and vice versa, unless the change in tense distorts the clear meaning of the phrase. The terms “and” or “or” each should be construed conjunctively or disjunctively, and should be given whichever meaning that makes the request more expansive and inclusive. “Document” shall have the broadest meaning and includes all forms of written, printed, recorded, electronic, or graphic material – whether draft or final, original or copy – regardless of form or format. This includes correspondence, emails, memoranda, meeting notes, reports, policies, manuals, guidance, recordings, photographs, spreadsheets, data compilations, handbooks, contracts, websites, social media content, and any other tangible or electronic material in the possession, custody, or control of the Defendant or its agents. The term “communication” means any oral, written, or electronic transmission of information, including correspondence, emails, online chats, social media messages, meetings, or phone calls, and includes all associated records or summaries. “Relate,” “relate to,” “relating to,” or “regarding” means showing, reflecting, being evidence of, memorializing, referring to, constituting, or concerning any portion of the subject matter of the facts, contentions, or matter referenced in the request.

Notice on the Recipient’s obligation to provide responsive information

The Title IX implementing regulation relating to access to sources of information is found at 34 C.F.R. § 106.81, which incorporates the procedural provisions applicable to Title VI of the Civil Rights Act of 1964. Those procedures state in relevant part at 34 C.F.R. § 100.6:

(c) Access to sources of information. Each recipient shall permit access by the responsible Department official or his designee during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities as may be pertinent to ascertain compliance with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution or person and this agency, institution or person shall fail or refuse to furnish this information the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information. Asserted considerations of privacy or confidentiality may not operate to bar the Department from evaluating or seeking to enforce compliance with this part. Information of a confidential nature obtained in connection with compliance evaluation or enforcement shall not be disclosed except where necessary in formal enforcement proceedings or where otherwise required by law.

In addition, in accordance with the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, at 34 C.F.R. § 99.31(a)(3)(iii), and the Title VI regulation at 34 C.F.R. § 100.6(c), OCR and SPPO may review personally identifiable records without regard to considerations of privacy or confidentiality. OCR and SPPO will take all proper precautions to protect the identity of any individuals named in the documents.

Unless otherwise indicated below, for the school years 2023-2024, 2024-2025, and 2025-2026, provide the following information without redactions (however no social security numbers should be provided), or indicate in writing if any of the requested information does not exist. Identify all responsive documents that have been lost, discarded, or destroyed. In so doing, state the type of document, its date, the approximate date it was lost, discarded, or destroyed, the circumstances under which it was lost, discarded, or destroyed, and the identity of each person having knowledge of the contents thereof.

Provide the following information:

1. The name, title, and contact information for:
   1. The District’s point of contact for this investigation; and
   2. The individual authorized by the District to resolve any concerns identified or findings of noncompliance.
2. The name, job title, and current contact information for any District employee or representative with information relevant to the issues OCR and SPPO are investigating.
3. A copy of all documentation submitted by the District to the Kansas Department of Education requesting or applying for federal funding, including formula and discretionary grants.
4. Provide a copy of all policies, practices, rules, and guidance documents the District has instituted to ensure that the District complies with its FERPA requirements.
5. Provide a statement identifying all interscholastic athletic and intramural programs operated wholly or in part by the District, or on behalf of the District. Include whether the program is separated by sex, what year the program was first offered for each sex, when the program ended - if applicable, and the number of students who participated in each program disaggregated by sex.
6. If the District does not wholly operate interscholastic athletic or intramural programs, provide a copy of the procedure the District has adopted that is designed to assure the District that the operator or sponsor of such education program or activity takes no action affecting any student that the District would be prohibited from taking under Title IX. If the District has not developed and implemented such a procedure, indicate so in response to this item, and explain why the District has not implemented such a procedure.
7. Provide a statement describing what assistance the District provides directly or indirectly to any provider of interscholastic athletic or intramural programs offered to District students that is not wholly operated by the District.
8. Provide a statement describing whether the District provides sex-separated interscholastic athletic and intramural programs, when each program began, and why the programs are separated by sex.
9. Provide a statement describing whether the District provides sex-separated restrooms, locker rooms, or changing rooms, when the District began providing sex-separated restrooms, locker rooms, or changing rooms, and why the District provides sex-separated restrooms, locker rooms, or changing rooms. 
10. Provide a statement describing all guidance the District has received that relates or refers to student participation in sex-separated interscholastic athletic or intermural programs based on a student’s “gender identity” or similar terms. Indicate who provided the guidance, when the guidance was received, and provide a copy of all written guidance received and a description of all oral guidance received.
11. Provide a statement describing all guidance the District has received that relates or refers to utilization of District provided sex-separated restrooms, locker rooms, or changing rooms, based on a student’s “gender identity” or similar terms. Indicate who provided the guidance, when the guidance was received, and provide a copy of all written guidance received and a description of all oral guidance received.
12. Provide a copy of all communications between the Kansas Department of Education and the District, and all communications between any other entity or individual and the District, that relate or refer to male students being eligible to compete in interscholastic athletic or intramural programs designated for female students, or to the ability of a student to participate in sex-separated interscholastic athletic or intermural programs based on a student’s “gender identity” or similar terms. 
13. Provide a copy of all communications between the Kansas Department of Education and the District, and all communications between any other entity or individual and the District, that relate or refer to students being permitted to utilize District provided sex-separated restrooms, locker rooms, or changing rooms, based on the student’s “gender identity” or similar terms.
14. Provide a statement describing all guidance the District has provided to staff, parents/guardians, and students, that relates or refers to student participation in sex-separated interscholastic athletic or intermural programs based on a student’s “gender identity” or similar terms. Provide a copy of all written guidance and a description of all oral guidance, and a copy of all related staff training material. 
15. Provide a statement describing all guidance the District has provided to staff, parents/guardians, and students, that relates or refers to the use of District provided sex-separated restrooms, locker rooms, or changing rooms, based on an individual’s “gender identity” or similar terms. Provide a copy of all written guidance and a description of all oral guidance, and a copy of all related staff training material.
16. Provide a copy of all District policies, practices, rules, and guidance documents, and all related staff training material, that relate or refer to students being able to compete in sex-separated interscholastic or intramural athletic programs based on their “gender identity” or similar terms. Include any amendments to such policies, practices, rules, and guidance documents, and indicate the respective effective date(s) for such amendments. Provide minutes from any meetings relating to the adoption or amendment of such policies, practices, rules, and guidance documents.
17. Provide a copy of all District policies, practices, rules, and guidance documents, and all related staff training material, that relate or refer to employees or students being able to utilize District provided sex-separated restrooms, locker rooms, or changing rooms, based on “gender identity” or similar terms. Include any amendments to such policies, practices, rules, and guidance documents, and indicate the respective effective date(s) for such amendments. Provide minutes from any meetings relating to the adoption or amendment of such policies, practices, rules, and guidance documents.
18. Provide a list of any District students who have been permitted to participate in sex-separated interscholastic athletic or intramural programs based on the student’s “gender identity” if the student’s “gender identity” is different from the student’s sex. Include the athletic program involved, the dates of participation, the head coach’s name and contact information, a roster of the team, and the team’s schedule for that season.
19. Provide a list of all complaints received by the District alleging that a male student participated on behalf of the District or against any student enrolled in the District in any interscholastic athletic or intramural program or activity that was designated for female students. Include the event, the date and location of the event, and the name and contact information of the head coach(s) for the team(s) involved. For any complaints received by the District related to such allegations, provide a copy of the investigative file with findings or an explanation of why an investigation was not conducted. Records include all internal and external correspondence, e-mail, voicemail, text messages, videos, notes, logs, reports, etc. 
20. Provide a list of all complaints received by the District alleging that a student or employee utilized a District provided sex-separated restroom, locker room, or changing room, based on “gender identity” or similar terms. For any complaints received by the District related to such allegations, provide a copy of the investigative file with findings or an explanation of why an investigation was not conducted. Records include all internal and external correspondence, e-mail, voicemail, text messages, videos, notes, logs, reports, etc.
21. Provide a description of any action taken by the District related to the alleged failure or refusal of any student, parent/guardian, or employee to comply with the District’s guidance entitled Guidance Related to Gender Identity or any related policy or guidance.
22. Provide a description of any action taken by the District related to any student, parent/guardian, or employee complaints about, or opposition to the District’s guidance entitled Guidance Related to Gender Identity or any related policy or guidance.
23. Provide a description of all instances in which a parent/guardian alleged or complained that the District failed or refused to provide student records to the parent/guardian relating to the student’s gender transition status or plan or related accommodations. For each allegation, provide a copy of the investigative file with findings or an explanation of why an investigation was not conducted. Records include all internal and external correspondence, e-mail, voicemail, text messages, videos, notes, logs, reports, etc.
24. Provide a description of all instances in which the District charged a fee to a parent/guardian to search for or to retrieve the education records of a student, including any records related to a student’s gender transition status or plan or related accommodations.
25. Provide a description of any instance in which District staff, in communicating with a parent/guardian, chose to not disclose or communicate to the parent/guardian, the student’s “transgender” status, “gender non-conforming presentation,” “gender identity,” “gender status,” or preferred pronouns, because of the student’s request or for any other reason.
26. Provide a copy of all communications from the District regarding OCR’s and SPPO’s investigation of this complaint.
27. Provide the names and titles of all individuals who assisted in the preparation of these data responses.
28. You are invited, but not required, to provide a narrative response to this investigation.
29. You may provide any other information you believe will be helpful to OCR or SPPO in resolving this investigation.

END

Dear Dr. Stubblefield, Dr. Yeager, Dr. Schumacher, and Dr. Anderson:

The United States Department of Education (Department), Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO), writes in response to the school districts’ joint letter as submitted through legal counsel dated August 29, 2025, in which you request: (1) 90 additional days to provide the information requested in the August 22, 2025, OCR and SPPO Data Request; (2) “clarification” on the Department’s authority to request the information requested in the OCR and SPPO Data Request; (3) “clarification” on what the Department is investigating; and (4) “clarification” on how the information requested is relevant to the Department’s investigation; (5) You also appear to be making a request for certain records.

(1) Request for Additional Time.

Your request for additional time to provide the requested information is granted, in part. The Department has already given the school districts 14 days to provide the requested data. The Department is willing to extend the deadline an additional 14 days to the close of business September 19, 2025. Please be aware the Department sent a SharePoint link to each counsel listed in this letter and each Superintendent on August 28, 2025, after not receiving a response by the August 27, 2025, deadline indicated in the Data Request letter. The school districts are on notice that failure to provide the requested information by September 19, 2025, may be considered a refusal of access, and the Department may initiate proceedings to enforce the Department’s rights under law, and/or take other steps available to the Department under law.

(2) “Clarification” on the Department’s authority to request the information requested in the OCR and SPPO Data Request.

As recipients of federal financial assistance from the Department, the school districts are required to provide OCR and SPPO access to sources of information that may be pertinent to ascertain compliance with Title IX and FERPA, respectively. As stated in the Notification Letter, OCR’s Kansas City enforcement office will lead the Title IX investigation, while SPPO will lead the FERPA investigation. That authority has already been provided to the districts in the Notification Letter and Data Request and need not be restated.

(3) “Clarification” on what the Department is investigating.

The issues being investigated by the Department have already been provided to the school districts in the Notification Letter and need not be restated.

(4) “Clarification” on how the information requested is relevant to the Department’s investigation.

The Department has properly notified each school district of the issues to be investigated, the Department’s jurisdiction, and the information needed to help determine compliance. The Department is not required to provide further justification or explanation to the school districts for the information federal law requires the school districts to provide.

(5) Request for Department Records.

The school districts appear to make several requests for federal records. Requests for records must be submitted in accordance with 34 C.F.R. Part 5 and 5 U.S.C. § 552. FOIA requests and appeals may be submitted online; faxed to: (202) 401-0920; or mailed to: U.S. Department of Education, Office of the Deputy Secretary, FOIA Service Center, 400 Maryland Avenue, SW, LBJ 7W106A, Washington, DC 20202-4536, ATTN: FOIA Public Liaison.

If any of the school districts would like to discuss the investigation, please reach out to us at Bradley.Burke@ed.gov and Frank.E.Miller@ed.gov to schedule a call.

RESOLUTION AGREEMENT
Olathe Public Schools, USD 233
OCR Case Number 07251502
SPPO Case Number 25-0737

Olathe Public Schools, USD 233 (hereinafter referred to as the “District”) voluntarily enters into this Resolution Agreement (hereinafter referred to as the “Agreement”) with the U.S. Department of Education’s Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) to resolve concerns identified during the above referenced investigations. This Agreement does not constitute an admission by the District of a violation of Title IX of the Education Amendments Act of 1972 (Title IX), the Family Educational Rights and Privacy Act (FERPA), or any other law enforced by the Department of Education.

Action Item 1 – Title IX
(A) The District will issue a public statement to students, parents and guardians, and school personnel, stating that, as a recipient of federal funding, the District will comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. and its implementing regulations (“Title IX”) in all of its education programs and activities, including in the provision of intimate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, and in interscholastic athletics and intramural sports programs.
The statement shall:

(i) Specify that Title IX compliance means the District will not – on the basis of sex – exclude male or female students from participation in, deny students the benefits of, or subject students to discrimination under any education program or activity including but not limited to athletics programs or activities including intramural sports and interscholastic athletics programs, or in the provision of intimate facilities including locker rooms, bathrooms, shower facilities, and overnight accommodations.
(ii) Specify that Title IX forbids the District from allowing male students to compete in any interscholastic athletic or intramural program designated for girls or women, ensuring that only female students are eligible to compete as a member of girls’ and women’s athletics and intramural programs.
(iii) Specify that the District will provide intimate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, accessible to students, staff, and others, strictly on the basis of sex, and that the facilities provided for one sex shall be comparable to such facilities provided for the other sex.
(iv) State that the words sex, female, male, women, men as used in the statement and as applicable in all practices, policies, and procedures adopted and implemented by the District including its athletics programs and provision of intimate facilities pursuant to or consistent with Title IX, mean the following:

• “Sex” is a person’s immutable biological classification as either male or female. “Sex” is not a synonym for and does not include “gender identity.”
• “Female” is a person of the sex characterized by a reproductive system with the biological function of producing eggs (ova).
• “Male” is a person of the sex characterized by a reproductive system with the biological function of producing sperm.
• “Woman” is an adult human female.
• “Girl” is a minor human female.
• “Man” is an adult human male.
• “Boy” is a minor human male.

State that the above meanings of words are to be understood in the context of the facts that (1) there are only two sexes (female and male) because there are only two types of gametes (eggs and sperm); and (2) the sex of a human – female or male – is unchangeable.

The foregoing meanings of words, and facts regarding sex in humans, apply throughout this Agreement. The District will post this statement in a prominent location on its main website, on each of its websites for women’s athletics, and in its student handbook.

(v) The District will rescind or revise any guidance documents and/or previously issued policies, notices, and trainings, which advise, instruct, or
authorize staff to permit students to use intimate facilities including sex separated locker rooms, bathrooms, shower facilities, and overnight
accommodations by members of the opposite sex to reflect that (1) Title IX requires recipients that offer separate intimate facilities to ensure that such intimate facilities provided for students of one sex are comparable to such intimate facilities provided for students of the other sex, and that (2) a recipient that provides sex-separated intimate facilities violates Title IX when the recipient allows members of the opposite sex to use such facilities.

(B) The District will rescind or revise any guidance documents and/or previously issued notices or trainings, which advise, instruct, or authorize staff to permit students to participate in intramural or interscholastic athletic programs based on a student’s “gender identity,” to reflect that under Title IX, student participation in intramural or interscholastic athletics, shall be based on the student’s sex, not “gender identity.”

(C) The District will review all of its internal and public-facing websites for any statements, links, or documents that are inconsistent with Title IX on the points iterated in this Agreement and remove or revise any such statements, links, or documents to reflect compliance with the Title IX requirements iterated in this Agreement.

Reporting Requirements for Action Item 1
(A) By [___________], 2026, the District will provide OCR with documentation reflecting that the statement was posted on the District’s website as described in Action Item 1(A), including a link to the location where the statement is posted.

(B) By [___________], 2026, the District will submit to OCR evidence of: (i) its recission or revision of all prior guidance documents and/or statements in compliance with Action Items 1(B) and 1(C); and (ii) revisions to its websites in compliance with Action Item 1(C), including a link to the location the revised websites if applicable.

Action Item 2 – FERPA
(A) The District will issue a memorandum to all District personnel informing them that “gender support plans” or other related documentation that is directly related to a student and is maintained by the District, whether in official or unofficial files, would generally be education records under FERPA, and therefore, subject to review and inspection by parents of students.
(B) The District will submit documentation that will ensure that future District personnel annual training includes content that aligns with corrective action (A).
(C) The District shall develop and adopt policies and procedures, or identify current policies and/or procedures, that include language sufficient to support the implementation of corrective action (A).

Reporting Requirements for Action Item 2
(A) By [___________], 2026, the District will provide SPPO with documentation reflecting that the memorandum was issued and/or posted on the District’s website as described in Action Item 2(A).

(B) By [___________], 2026, the District will submit to SPPO documentation of training materials and corresponding revised policies and procedures, if applicable, as described in 2 (B) and (C) including a link(s) to the location where such are posted.

Conclusion
By signing this Agreement, the District agrees to provide data and other information in a timely manner in accordance with the reporting requirements of the Agreement. During the monitoring of this Agreement, if necessary, the U.S. Department of Education may visit the District, interview staff and students, and request such additional reports or data as are necessary to determine whether the District has fulfilled the terms and obligations of this Agreement.

Upon the U.S. Department of Education’s acknowledgment of the District’s satisfaction of the commitments made under this Agreement, OCR and SPPO will close the case.
The District understands and acknowledges that OCR and SPPO may initiate proceedings to enforce the specific terms and obligations of this Agreement and/or the applicable statute(s) and regulation(s). Before initiating such proceedings, the U.S. Department of Education will give the District written notice of the alleged breach and 60 calendar days to cure the alleged breach.
The Agreement will become effective immediately upon the signature of the District’s authorized official below.

By: _______________________________________ Date: ________________________
Name and Title
Recipient Name

Dear Ms. Shah,
Re: Olathe Public Schools, USD 233
OCR Case No. 07251502

This is to inform you that OCR rejects the signed document you submitted on behalf of Olathe Public Schools, USD 233 (the District) on May 8, 2026, purporting to address the violations of Title IX of the Education Amendments Act of 1972 (Title IX) that OCR found in its investigation of the above-cited complaint against the District. The actions you took in unilaterally revising the proposed resolution agreement that OCR forwarded to you on April 17, 2026, and having your client execute the resulting document are contrary to the principles of negotiation and resolution set forth in Section 304 of OCR Case Processing Manual, which states, “The complaint will be considered resolved and the recipient deemed compliant when the recipient, after negotiating with OCR and reaching agreement on its terms, enters into and fulfills the terms of a resolution agreement” (emphasis added). The revisions you made to the proposed resolution agreement are unacceptable; they do not resolve the violations of Title IX.

Accordingly, OCR is issuing this Impasse Letter to inform the District that a Letter of Impending Enforcement Action will be issued 10 calendar days from today’s date unless the District reaches an agreement with OCR and executes an OCR-approved Resolution Agreement within that 10-day period. If no Resolution Agreement has been executed by or before close of business Monday, June 8, 2026, OCR will issue a Letter of Impending Enforcement Action to the District. Attached to this letter is the original resolution agreement OCR proposed to the District. If you have any questions regarding this letter or want to initiate resolution discussions, please contact me prior to June 8, 2026.

Sincerely,
Jennifer Brooks
Acting Regional Director

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RESOLUTION AGREEMENT
Olathe Public Schools, USD 233
OCR Case Number 07251502
SPPO Case Number 25-0737
Olathe Public Schools, USD 233 (hereinafter referred to as the “District”) voluntarily enters into this Resolution Agreement (hereinafter referred to as the “Agreement”) with the U.S. Department of Education’s Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) to resolve the violations and concerns identified during the above referenced investigations. This Agreement does not constitute an admission by the District of a violation of Title IX of the Education Amendments Act of 1972 (Title IX), the Family Educational Rights and Privacy Act (FERPA), or any other law enforced by the Department of Education.
Action Item 1 – Title IX
(A) The District will issue a public statement to students, parents and guardians, and school personnel, stating that, as a recipient of federal funding, the District will comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. and its implementing regulations (“Title IX”) in all of its education programs and activities, including in the provision of intimate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, and in interscholastic athletics and intramural sports programs.
The statement shall:

(i) Specify that Title IX compliance means the District will not – on the basis of sex – exclude male or female students from participation in, deny students the benefits of, or subject students to discrimination under any education
program or activity including but not limited to athletics programs or activities including intramural sports and interscholastic athletics programs, or in the provision of intimate facilities including locker rooms, bathrooms, shower facilities, and overnight accommodations.
(ii) Specify that Title IX forbids the District from allowing male students to compete in any interscholastic athletic or intramural program designated for girls or women, ensuring that only female students are eligible to compete as a member of girls’ and women’s athletics and intramural programs.
(iii) Specify that the District will provide intimate facilities, such as locker rooms, bathrooms, shower facilities, and overnight accommodations, accessible to students, staff, and others, strictly on the basis of sex, and that the facilities provided for one sex shall be comparable to such facilities provided for the other sex.
(iv) State that the words sex, female, male, women, men as used in the statement and as applicable in all practices, policies, and procedures adopted and implemented by the District including its athletics programs and provision of intimate facilities pursuant to or consistent with Title IX, mean the following:

• “Sex” is a person’s immutable biological classification as either male or female. “Sex” is not a synonym for and does not include “gender identity.” 
• “Female” is a person of the sex characterized by a reproductive system with the biological function of producing eggs (ova).
• “Male” is a person of the sex characterized by a reproductive system with the biological function of producing sperm.
• “Woman” is an adult human female.
• “Girl” is a minor human female.
• “Man” is an adult human male.
• “Boy” is a minor human male.

State that the above meanings of words are to be understood in the context of the facts that (1) there are only two sexes (female and male) because there are only two types of gametes (eggs and sperm); and (2) the sex of a human – female or male – is unchangeable.

The foregoing meanings of words, and facts regarding sex in humans, apply throughout this Agreement.

The District will post this statement in a prominent location on its main website, on each of its websites for women’s athletics, and in its student handbook.

(v) The District will rescind or revise any guidance documents and/or previously issued policies, notices, and trainings, which advise, instruct, or authorize staff to permit students to use intimate facilities including sexseparated locker rooms, bathrooms, shower facilities, and overnight accommodations by members of the opposite sex to reflect that (1) Title IX requires recipients that offer separate intimate facilities to ensure that
such intimate facilities provided for students of one sex are comparable to such intimate facilities provided for students of the other sex, and that (2) a recipient that provides sex-separated intimate facilities violates Title IX when the recipient allows members of the opposite sex to use such facilities.

(B) The District will rescind or revise any guidance documents and/or previously issued notices or trainings, which advise, instruct, or authorize staff to permit students to participate in intramural or interscholastic athletic programs based on a student’s “gender identity,” to reflect that under Title IX, student participation in intramural or interscholastic athletics, shall be based on the student’s sex, not “gender identity.”
(C) The District will review all of its internal and public-facing websites for any statements, links, or documents that are inconsistent with Title IX on the points iterated in this Agreement and remove or revise any such statements, links, or documents to reflect compliance with the Title IX requirements iterated in this Agreement.
(D) The District will adopt a policy regarding interscholastic athletics, intramural sports, and physical education classes, to reflect that under Title IX, student participation in interscholastic athletics, intramural sports, and physical education classes, shall be based on the student’s sex, not a student’s “gender identity.”
(E) As part of the policy adopted in accordance with Action Item 1(D), the District’s will adopt and implement a procedure affirmatively stating that it will not follow any KSHSAA policies, or the policies of any other third party, that result in the district’s violation of Title IX.
(F) The District will adopt a policy regarding restrooms, locker rooms, changing rooms, and overnight accommodations, to reflect that under Title IX, student utilization of restrooms, locker rooms, changing rooms, and overnight accommodations, shall be based on the student’s sex, not a student’s “gender identity.”
Reporting Requirements for Action Item 1
(A) By [___________], 2026, the District will provide OCR with documentation reflecting that the statement was posted on the District’s website as described in Action Item 1(A), including a link to the location where the statement is posted.
(B) By [___________], 2026, the District will submit to OCR evidence of: (i) its recission or revision of all prior guidance documents and/or statements in compliance with Action Items 1(B) and 1(C); and (ii) revisions to its websites in compliance with Action Item 1(C), including a link to the location the revised websites if applicable.
(C) By [___________], 2026, the District will provide OCR with documentation reflecting that the procedure described in Action Items 1(D) and (E) has been adopted by the District, including a link to the location where the procedure is posted.
(D) By [___________], 2026, the District will provide OCR with documentation reflecting that the procedure described in Action Item 1(F) has been adopted by the District, including a link to the location where the procedure is posted.
Action Item 2 – FERPA
(A) The District will issue a memorandum to all District personnel informing them that “gender support plans” or other related documentation that is directly related to a student and is maintained by the District, whether in official or unofficial files, would generally be education records under FERPA, and therefore, subject to review and inspection by
parents/guardians of students. (This would require SPPO’s review and approval prior to issuance.)
(B) The District shall develop and adopt policies and procedures, or identify current policies and/or procedures, that include language sufficient to support the implementation of corrective action (A), and to the extent current policies contradict the statement from corrective action (A), formally rescind those policies.
(C) The District will submit documentation that will ensure that future District personnel annual training includes content that aligns with corrective action (A) and (B). (This would require SPPO’s review and approval prior to implementation.)

Reporting Requirements for Action Item 2
(A) By [___________], 2026, the District will provide SPPO with documentation reflecting that the memorandum was issued and/or posted on the District’s website as described in Action Item 2(A).
(B) By [___________], 2026, the District will provide SPPO with copies of the revised or newly create policies, procedures or other guidance documents reflecting 2 (A) and (B), and an explanation how it will ensure practices aligned with rescinded policies is ceased.
(C) By [___________], 2026, the District will submit to SPPO documentation of training materials and corresponding revised policies and procedures, if applicable, as described in 2 (A) and (B) including a link(s) to the location where such are posted.

Action Item 3 – Student Remedies
(A) The Superintendent will issue an apology letter to all students expressing genuine regret and remorse that students were placed in a position in which they had their privacy rights and personal dignity violated at school because of the school district’s actions that allowed students to use restrooms and locker rooms designated for the opposite sex based on “gender identity.” The apology letter shall be prominently displayed on the main website homepage for the school district and each school.
(B) The Superintendent will issue a letter to all students and parents/guardians, inviting students and parents/guardians to notify their school counselor if they have been impacted by students using restrooms and/or locker rooms designated for the opposite sex. Each school shall then convene a team to determine whether such students impacted would
benefit from compensatory educational services because of the impact on the student. Each counselor will be required to maintain student confidentiality throughout the process. If compensatory educational services are determined to be needed, the school district shall offer and provide those services to each student at no cost to the student or parent/guardian.

Reporting Requirements for Action Item 3
(A) By [___________], 2026, the District will provide OCR with documentation reflecting that the apology letter described in Action Item 3(A) was posted on the District’s websites, including a link to the location(s) where the apology letter is posted.
(B) By [___________], 2026, the District will provide OCR with documentation reflecting that the letter to students and parents/guardians described in Action Item 3(B) was disseminated to all students and parents/guardians, including a copy of the letter and a description of how it was disseminated.
(C) By [___________], 2026, the District will provide OCR with documentation reflecting the number of students and parents/guardians in the district that contacted their school counselor regarding the letter described in Action Item 3(B), and what the determination was regarding each student’s need for compensatory services, including a description of the services to be provided and when those services will be provided.

Action Item 4 – Annual Certification and Reporting
(A) By [___________], 2026, 2027, and 2028, the District will submit to OCR an annual certification that: (i) students and staff are not permitted to use restrooms, locker rooms, or changing rooms designated for the opposite sex; (ii) all information related to student “gender support plans” that is maintained by the District, whether in official or unofficial files, are considered education records under FERPA, and therefore, subject to review and inspection by parents/guardians of students; and (iii) that the District’s policies related to both items described herein are posted prominently on the District’s website, along with a link to each policy.

Conclusion
By signing this Agreement, the District agrees to provide data and other information in a timely manner in accordance with the reporting requirements of the Agreement. During the monitoring of this Agreement, if necessary, the U.S. Department of Education may visit the District, interview staff and students, and request such additional reports or data as are necessary to determine whether the District has fulfilled the terms and obligations of this Agreement.

Upon the U.S. Department of Education’s acknowledgment of the District’s satisfaction of the commitments made under this Agreement, OCR and SPPO will close the case.

The District understands and acknowledges that OCR and SPPO may initiate proceedings to enforce the specific terms and obligations of this Agreement and/or the applicable statute(s) and regulation(s). Before initiating such proceedings, the U.S. Department of Education will give the District written notice of the alleged breach and 60 calendar days to cure the alleged breach. 

The Agreement will become effective immediately upon the signature of the District’s authorized official below.
By: _______________________________________ Date:____________________
Name and Title
Recipient Name

Dr. Brent Yeager
Superintendent
Olathe Public Schools, USD 233
14160 Black Bob road, P.O. Box 2000
Olathe, KS 66063
c/o Kala Shah, Retained Counsel Sent via email only, to: kala@edulawservices.com
Re: Notice and Letter of Impending Enforcement Action
OCR Case Number 07251502, Olathe Public Schools, USD 233

Dear Dr. Yeager:
On April 17, 2026, the U.S. Department of Education (Department), Office for Civil Rights (OCR) and Student Privacy Policy Office (SPPO) issued a Letter of Findings of Non-Compliance and Proposed Resolution Agreement for the complaints referenced above. OCR investigated whether Olathe Public Schools, USD 233 (District) policy denies female students access to female-only intimate facilities, such as sex-separated locker rooms and restrooms, and permits male students to participate in female athletics programs, in violation of Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulation, at 34 C.F.R. Part 106.

Based on a review of publicly available information, District policy and guidance documents, athletic program information, and internal and external communications, OCR determined that the District is not in compliance with Title IX and its implementing regulations with regard to the District’s policies and practices applicable to restrooms, locker rooms and changing facilities which allow males to use girls’ locker rooms and restrooms based on their “gender identity.” In addition, OCR determined that, during the investigation, the District intentionally failed to provide the Department with access to sources of information for the Department to make a full compliance determination regarding Title IX and its implementing regulations.

In accordance with the Title IX regulatory procedure for bringing recipients into compliance, as set forth at 34 C.F.R. § 106.81 and 34 C.F.R. § 100.8, OCR provided the District with a Proposed Resolution Agreement concurrently with the Letter of Findings. The Proposed Resolution Agreement specified the actions that the District must take to voluntarily come into compliance with Title IX and remedy the Title IX violations.

On April 23, 2026, the District confirmed receipt of the Letter of Findings and Proposed Resolution Agreement. On May 8, 2026, the District responded to the Letter of Findings and Proposed Resolution Agreement by unilaterally revising the Proposed Resolution Agreement and having the District sign the resulting document that purported to address the violations of Title IX that OCR found in its investigation.

On May 27, 2026, OCR issued an Impasse Letter to the District stating that the revisions to the Proposed Resolution Agreement were unacceptable because they did not resolve the violations of Title IX. The Impasse Letter further stated that a Letter of Impending Enforcement Action would be issued 10 calendar days from the date of the letter unless the District reached an agreement with OCR and executed an OCR-approved Resolution Agreement within that 10-day period. On June 8, 2026, the District responded by resending the same document which OCR previously determined did not resolve the violations of Title IX.

In light of the foregoing, OCR is issuing this Letter of Impending Enforcement Action. The statement of allegations, OCR’s jurisdictional authority, findings of fact, and conclusions are set forth in the attached Letter of Finding of Noncompliance issued on April 17, 2026, and are incorporated by reference herein.

If the District fails to enter into a resolution agreement with OCR within 10 calendar days from the date of the issuance of this letter, OCR may: (1) initiate administrative proceedings to suspend, terminate, or refuse to grant or continue and defer financial assistance from funds made available through the Department to the District; or (2) refer the case to the United States Department of Justice for judicial proceedings.

This letter is not intended and should not be interpreted to address the compliance of the District with any other regulatory provision or to address any issues other than those addressed in this letter. This letter sets forth OCR’s determination in this case; it is not a formal statement of OCR policy and should not be relied upon, cited or construed as such. OCR’s formal policy statements are approved by a duly authorized OCR official and made available to the public.

Under the Freedom of Information Act (FOIA), it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, OCR will seek to protect, to the extent provided by law, personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released.

Please be advised that the District must not harass, coerce, intimidate, discriminate, or otherwise retaliate against any individual because that individual asserts a right or privilege under a law enforced by OCR or files a complaint, testifies, assists, or participates in a proceeding under a law enforced by OCR. If this happens, the individual may file a retaliation complaint with OCR.

If you have any questions regarding this letter, resolution of this matter, or the enforcement actions described herein, please contact me at Jennifer.Brooks@ed.gov.

Dr. Brent Yeager
Superintendent of Schools
Olathe Public Schools, USD 233
14160 Black Bob Road
P.O. Box 2000
Olathe, KS 66063
c/o Kala Shah, Retained Counsel

Sent via email only, to: kala@edulawservices.com

Complaint No. 25-0737
Family Educational Rights and Privacy Act

Dear Dr. Yeager:
This letter is to inform you of the outcome of the investigation conducted by the U.S. Department of Education (Department), Student Privacy Policy Office (Office or SPPO), of the Olathe Public Schools, USD 233 (the District). SPPO enforces the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulation at 34 C.F.R. Part 99. Pursuant to its regulatory authority, as set forth in 20 U.S.C. §1232g(f), 34 C.F.R. § 99.60, 34 CFR §§ 99.64 and 99.65, SPPO may investigate complaints and take appropriate action to enforce FERPA. Accordingly, with the letter dated August 14, 2025, SPPO initiated an investigation to determine whether the Olathe Public Schools, USD 233, has a policy that interferes with the right of parents to inspect and review their minor children’s education records in violation of FERPA and its implementing regulations.

I. FERPA Statutory and Regulatory Background
FERPA provides that parents have the right to inspect and review their children’s education records, which are defined as records, files, documents, and other materials that are directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution. 20 U.S.C. § 1232g(a)(l)(A); 34 CFR Part 99, Subpart B, and § 99.3 (“Education records”). Once a student reaches 18 years of age or attends a postsecondary institution, all FERPA rights transfer from parents to the student. 34 CFR §§ 99.3 (“Eligible student”) and 99.5. For this investigation, we assume that the students in question are not “eligible students” and that the parents retain their right to inspect and review their children’s education records under FERPA. Recipients of Federal financial assistance from the Department are subject to these laws and regulations and to the Secretary’s enforcement authority.

Congress passed the Family Educational Rights and Privacy Act in 1974 “to assure parents of students access to their educational records.” Frazier v. Fairhaven Sch. Comm, 276 F.3d 52, 67 (1st Cir. 2002) (alteration and citation omitted); see also Manco v. St. Joseph's Univ., 350 F.R.D. 62, 68 (E.D. Pa. 2025) (noting that FERPA was enacted “for the purpose of ensuring parents’ access to their children’s educational records”). FERPA achieves that goal through conditioning Federal funding on certain requirements. In particular, no funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. 20 U.S.C. § 1232g(a)(1)(A). FERPA also requires educational agencies and institutions to “effectively inform the parents of students … of the rights accorded them by this section.” Id. § 1232g(e).

FERPA defines “education records” as, with certain narrow exceptions, “those records, documents, and other materials which contain information directly related to a student,” and “are maintained by an educational agency or institution or by a person acting for such agency or institution.” Id. § 1232g(a)(4)(A); accord 34 C.F.R. § 99.3(a); Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 429 (2002). The “plain meaning” of this provision “reveals that Congress intended for the definition to be broad in scope.” Belanger v. Nashua Sch. Dist., 856 F. Supp. 40, 48 (D.N.H. 1994). In other words, “Congress made no content-based judgments with regard to its ‘education records’ definition.” United States v. Miami Univ., 294 F.3d 797, 812 (6th Cir. 2002). For that reason, “FERPA does not exempt from its disclosure obligation education records that deal with preferred names and pronouns.” Ricard v. USD 475 Geary Cnty., 2022 WL 1471372, at *7 (D. Kan. May 9, 2022).

FERPA provides that the Secretary of Education “shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this Act.” 20 U.S.C. § 1232g(f). The Act authorizes the Secretary to “terminate assistance” when she “finds there has been a failure to comply with this section” and she “has determined that compliance cannot be secured by voluntary means.” Id.

II. Findings of Fact

A. Olathe Public Schools, USD 233, is a Recipient of Federal Funding and Subject to Title IX and to OCR’s Enforcement Authority.

The Olathe Public Schools, USD 233, is currently, and has for many years, been a recipient of federal financial assistance from the U.S. Department of Education through grants administered by the Kansas Department of Education. The school district has approximately $23,710,747 in federal funding revenue budgeted for the 2025-2026 school year.¹ The most current “Assurances and Certifications” executed by Olathe Public Schools, USD 233, occurred May 1, 2025, which includes an assurance that the Olathe Public Schools, USD 233, will comply with all applicable federal laws.

B. Parental Access to Student Information

The District policies regarding parental access to student information are published in Olathe Board Policy IDAE (Student Privacy), and Olathe Board Policy JRB (Release of Student Records).² The District has provided to staff and parents/guardians of students, written guidance entitled Guidance Related to Gender Identity (12/2/2021) (hereinafter “guidance document”).³

The guidance document indicates in part, guidance that “Staff must be careful to refrain from incautious disclosure of a student’s gender status and/or sexual orientation . . . [and] Informing the decision to disclose to a parent/guardian are considerations related to . . . protecting the privacy interests of the student. . .” The District indicated the internal guidance document has been amended, and yet the District acknowledged the amended guidance document has not been provided to the Department despite the Department’s August 22, 2025, Data Request, and the District’s continuing obligation to provide such information to the Department. Furthermore, there has been no evidence provided that shows the District formally rescinded the previous guidance and informed all faculty and administrators that the previous guidance related to parental notification no longer applies.

III. The Department and SPPO Finds that Olathe Public Schools, USD 233, is Noncompliant with FERPA.
Olathe Public Schools, USD 233, receives Federal funding from the U.S. Department of Education and is an “educational agenc[ies]” and “institution[s]” under FERPA. 20 U.S.C. §1232g(a)(1)(A). Accordingly, they are prohibited from having a “policy of denying” or “effectively prevent[ing]” parents from “inspect[ing] and review[ing] the education records of their children.” As stated earlier, our investigation alleged that the District has policy guidance that on its face interferes with the right of parents to inspect and review their minor children’s education records. Specifically, it goes on to state that:

Staff must be careful to refrain from incautious disclosure of a student’s gender status and/or sexual orientation. Informing the decision to disclose to a parent/guardian are considerations related to the age of the student; whether the student has developmental disabilities; protecting the privacy interests of the student; whether the communications with the parent would cause trauma to the student, and a fear for the child’s health as a result of that communication (emphasis added).

In determining whether the facts of a case indicate that a violation of FERPA occurred, this Office considers all documentation acquired through the investigatory process, in conjunction with the relevant statutory and regulatory requirements and the Department’s interpretation of those requirements. The District conveyed in conversations with SPPO that the referenced guidance is no longer in place, and that the District doesn’t maintain separate education records that are not accessible by parents. However, to date, SPPO has not been provided documentation to substantiate this claim, or to demonstrate that messaging has been issued throughout the District to affirm the stated position. Accordingly, in the absence of such documentation, SPPO finds the District in violation of FERPA as alleged. Where we find an educational agency or institution to be in violation of FERPA, we require the submission of written assurances delineating the corrective actions it will take to ensure compliance. We have outlined the corrective actions needed to resolve this investigation in the enclosed Resolution Agreement.

IV. Conclusion
This concludes the Department’s investigation. This letter of finding identifying areas of noncompliance and compliance concerns should not be interpreted to address the Olathe Public Schools’ compliance with any other statutory or regulatory provision, or to address any issues other than those addressed in this letter. This letter of findings does not constitute final agency action.

This letter is accompanied by a proposed Resolution Agreement that specifies actions that will remedy current and past compliance concerns expressed above and prevent any similar instances where future violative conduct may recur. If the Department determines an agreement will not be reached, the Department may begin enforcement action procedures including referral to the U.S. Department of Justice or other means authorized by law, such as the initiation of an administrative procedure to suspend, terminate, or refuse to grant or continue federal financial assistance.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If the Department receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy.

To expedite processing, you may email the signed Resolution Agreement, including the complaint number in the subject line, to FERPA.ComplaintResponse@ed.gov. In addition, please forward any questions to my attention at PrivacyTA@ed.gov. We look forward to our continued partnership as we work to resolve the investigation as quickly as possible.

Sincerely,
Frank E. Miller Jr.
Director
Student Privacy Policy Office
Enclosure

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¹ https://resources.finalsite.net/images/v1757356315/olatheschoolsorg/csbhzaipnfydqedrzcko/2025-26-Budget-at-a-Glance-090825.pdf

² https://go.boarddocs.com/ks/olathe/Board.nsf/goto?open&id=9QU6Z97076AD; and
https://go.boarddocs.com/ks/olathe/Board.nsf/goto?open&id=83DEZU757DE2

³ The guidance document also references outdated and rescinded guidance from the U.S. Department of Education.