US Dept. of Education, DOJ to Investigate Possible Title IX Violations in Washington State

Congressman Dan Newhouse says the Washington State Office of Public Instruction is the subject of an investigation announced by the U.S. Department of Education over requirements on school districts that potentially violate federal law.

The Title IX Special Investigations Team is embarking on joint investigation by the U.S. Department of Education and the Dept. of Justice. It is a first under the Family Education Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), and Title IX of the Education Amendments of 1972. The investigation into OSPI is for allegedly forcing gender ideology polices on school districts, contrary to federal laws.

Congressman Dan Newhouse says he supports the investigation.

"I commend the U.S Department of Education for initiating this investigation as we work to restore common sense and fairness in Washington classrooms and athletics. The state of Washington is actively ignoring an executive order and threatening federal funds to schools in the process. OSPI must be held accountable for their attack on parental rights."--Rep. Dan Newhouse  R-WA 4th

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The Central Valley School District has drafted a letter asking for an investigation into Washington's Office of the Superintendent of Public Instruction and the Washington Interscholastic Athletic Association. They want the federal government to investigate the conflict between federal and state law over transgender athletes participating in sports. The school board has not sent the letter. The Mead School District made a similar request in March.

The Moses Lake School District has suspended its policy regarding protections for transgender individuals.  The School Board has sent a letter to the U.S. Department of Justice's Pam Bondi and the Department of Education asking them to intervene in Washington State's policies that protect transgender people's ability to compete in athletics and use restrooms and locker room facilities which are designated for boys or girls.  The MLSD  board says it's following the directives of President Trump to ensure it's in compliance with Federal law, and adds that current state laws place the district in conflict with those directives. They're asking for immediate intervention from the federal government, since they don't possess the resources to litigate the issue with the state.

Read the full announcement from  U.S. Department of Education below.

Today, the Title IX Special Investigations Team (Title IX SIT), a joint initiative of the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ), launched a directed investigation into the Washington Office of the Superintendent of Public Instruction (OSPI). This investigation comes amid reports that OSPI has imposed requirements on school districts that potentially violate federal law, specifically, Title IX, the Family Educational Rights and Privacy Act (FERPA), and the Protection of Pupil Rights Amendment (PPRA).

Multiple Washington State school districts have reported that OSPI is requiring school boards to adopt policies that allow males to participate in female sports and occupy female-only intimate facilities, thereby raising substantial Title IX concerns.

In addition, a letter of finding from OSPI to the La Center School District (La Center) earlier this year raised concerns that OSPI is requiring districts to implement policies, such as mandating that districts not notify parents of a change in their child’s “gender identity,” which violate federal parental rights laws, specifically, FERPA and PPRA. Accordingly, the ED-DOJ Title IX SIT, through ED’s Student Privacy Policy Office (SPPO) and Office for Civil Rights (OCR), has initiated this investigation.

“Today’s investigation into Washington OSPI is a first-of-its-kind, bringing together ED and DOJ, and multiple offices within ED, to adjudicate several potential violations of federal law,” said U.S. Secretary of Education Linda McMahon. “Washington State appears to use its position of authority to coerce its districts into hiding ‘gender identity’ information from students’ parents and to adopt policies to covertly smuggle gender ideology into the classroom, confusing students and letting boys into girls’ sports, bathrooms, and locker rooms. If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration.”

Background:

Earlier this month, the ED’s Office of the General Counsel sent a letter to the state administrative tribunal wherein OSPI is threatening La Center School District with state funding termination over La Center’s unwillingness to adopt policies that potentially violate federal laws. For example, in February, OSPI mandated that La Center “not proactively share information about any students’ gender identity without the student’s consent,” which may violate parents’ rights under FERPA to inspect their child’s school records. OSPI also directed La Center to train school personnel on the use of a screen tool designed to “eliminate bias related to gender identity” in instructional materials, possibly violating PPRA’s provisions for educational agencies to consult parents while adopting policies which address the protection of student privacy.

Title IX of the Education Amendments of 1972 and its implementing regulation prohibit discrimination on the basis of sex in any education program or activity receiving federal financial assistance.

FERPA and PPRA are federal privacy laws enforced by the Department’s SPPO. FERPA gives parents the right to access their children’s education records, the right to request record corrections or amendments, and the right to control (with important exceptions) disclosure of personally identifiable information in education records. PPRA gives parents notice and opt-out rights when a school administers surveys or questionnaires asking students for certain sensitive, private information about students and their families.

Last month, ED’s SPPO sent a Dear Colleague Letter that directed educational entities to comply with parental rights laws. State laws do not override federal laws, and educational entities receiving federal funding are subject to FERPA and PPRA and its implementing regulations.

Violations of Title IX, FERPA, and/or PPRA can result in termination of an educational entity’s federal funding.