The U.S. Department of Education is bringing in the Department of Justice to pursue enforcement action against Olathe Public Schools over alleged violations of the federal student privacy law known as FERPA, a move that could lead to judicial proceedings and the loss of federal funding for the 28,245-student district.
The DOE's Student Privacy Policy Office announced Aug. 25 that it will partner with the DOJ's Civil Rights Division to take "appropriate enforcement measures" against both Olathe and Shawnee Mission school districts. Federal officials said the districts "refused to come into voluntary compliance with FERPA."
The dispute centers on district policies that federal investigators say instructed schools to withhold information about students' gender identity from parents, including whether a student uses different pronouns, goes by a different name or has a different name printed on a diploma.
Olathe Public Schools maintains it has not violated FERPA. The district published all correspondence with federal investigators on Tuesday, citing a lack of commitment to an impartial, fact-driven investigation by federal officials.
How the dispute escalated
The investigation began in August 2025 after Kansas Attorney General Kris Kobach sent a letter to U.S. Secretary of Education Linda McMahon raising concerns about FERPA and Title IX violations at four Kansas districts. The complaint originated from the Defense of Freedom Institute, a conservative Washington, D.C.-based nonprofit.
In April 2026, federal investigators found that Olathe violated both FERPA and Title IX. The district pushed back forcefully, saying in an April 20 statement reported by KCUR that the allegations were completely unfounded or being grossly misrepresented, all on taxpayer time and money.
In May, Olathe submitted a voluntary resolution agreement. The district said it did so to remain focused on serving students and families, avoid prolonged disruption and financial impact, and protect critical funding.
The DOE rejected that agreement. On June 11, the district said it would explore "all legal avenues," warning that the rejection "raises serious concerns about whether the goal of this process is to reach a practical and lawful outcome or to pursue a predetermined result …"
What's at stake
Federal funding for Olathe Public Schools totaled nearly $7.9 million in the 2020-21 fiscal year, the most recent figure available in district annual reports. The district is the second-largest in Kansas and the largest in the Kansas City metro area.
McMahon, in a statement Tuesday reported by KCTV5, pointed to Topeka Public Schools' decision to settle as a model. "Schools that continue to hide information from parents will find that ED and DOJ stand ready to resolve violations of parental rights efficiently and effectively," McMahon said.
Topeka Public Schools entered a resolution agreement the same day, agreeing to stop creating "gender support plans," rescind guidance that prevents schools from informing parents and incorporate FERPA content into teacher and administrator training.
No timeline for judicial proceedings against Olathe has been announced.
