On April 17, 2026, the U.S. Department of Education issued a press release finding four Kansas school districts violated federal education laws based on their policies relating to transgender students. This investigation is the latest in a series of investigations and press releases signaling a shift in how the Office for Civil Rights investigates, announces findings and seeks compliance.  

Title IX Concerns: Sex-Based Facilities and Athletics 

The investigation addressed policies adopted by Olathe Public Schools, Shawnee Mission School District, Kansas City, Kansas Public Schools (KCKPS), and Topeka Public Schools. According to the Department, these policies implicated both parental access rights under FERPA and sex‑based protections under Title IX. The findings followed an eight-month investigation conducted by both the Department’s Student Privacy Policy Office (SPPO) and OCR. 

Per its press release, OCR found district policies governing access to restrooms, locker rooms, changing facilities, and single‑sex athletic programs violated Title IX. The Department concluded that the districts adopted policies permitting access to sex‑segregated facilities based on gender identity rather than biological sex. The Department also raised compliance concerns regarding Shawnee Mission’s athletic participation policies and whether transgender girls were eligible to participate in women’s sports. In its press release, the Department emphasized that continued noncompliance could expose the districts to enforcement actions, including potential loss of federal funding.  

OCR’s current interpretation of Title IX is one more piece of a rapidly evolving Title IX landscape that schools must navigate. For example, there is a federal circuit split as to whether prohibiting a student from using a bathroom consistent with their gender identity violates Title IX. The Supreme Court is poised to weigh in this year on whether laws that prohibit transgender women and girls from competing on women’s and girls’ school sports teams violate Title IX. Meanwhile, state laws regarding access to facilities and athletics are a patchwork, with some states’ laws or policies directly at odds with OCR’s current position on Title IX. Considering these developments, schools must carefully evaluate the law in their jurisdiction, including judicial decisions and state laws. It is vital that schools consult legal counsel when evaluating whether and how to modify current policies and practices.  

A New Approach to Enforcement 

Aside from the Title IX implications, this investigation highlights the ways in which OCR’s current approach to investigation and enforcement is a change from its historical approach. Despite issuing a press release, OCR made no Letter of Findings available on its website for any of the four school districts involved, and it appears no resolution agreements have yet been signed. This may, unfortunately, be a new norm. Several of OCR’s recent press releases describe OCR’s findings while saying OCR has presented schools with “proposed Resolution Agreements.” This is a significant departure from OCR’s past practice, which was to typically issue press releases only after an investigation was completed and resolution agreements were signed.  

Schools should be alert to the possibility that the Department may issue press releases before reaching an agreement with the parties involved or before even advising schools of their findings. Schools’ communications teams should be aware of this trend and be ready to respond. 

Notably, here, at least two of the school districts involved responded to the press release by emphasizing how the process had differed from past interactions with OCR. In an article published by a local Kansas City news outlet, Olathe Public Schools stated the process “has been far different from any other collaborative experience the district has had with the Department of Education and its staff.” The district felt there had been a lack of meaningful, good faith investigation before the Department issued its findings via press release.  

Similarly, the Shawnee Mission School District issued its own news release stating that, despite affirming to OCR the District’s commitment to discussing resolution, it received no direct communication from OCR and only learned of OCR’s findings through the Department’s Press Release. On May 4, 2026, the District sent a letter to the Department declining to sign a proposed resolution agreement, despite the threat of funding cuts. Significantly, the letter states that the Department’s materials contained “inaccurate statements of law” and “false allegations of fact” and that the proposed agreement contained provisions that were “unreasonable and inconsistent with the SMSD community’s core values.”   

Also notable is that this situation included a joint investigation by OCR and SPPO, allowing the Department to examine not only the districts’ policies under Title IX, but parental access to student information under FERPA. This is a solid reminder that schools making changes to gender identity policies should consider not only how those policies implicate Title IX, but whether those policies run afoul of parents’ rights under FERPA. Consulting with legal counsel is the best way to avoid unintended consequences.  

Interestingly, although the application of Title IX to transgender students’ participation in athletics and access to bathrooms and locker rooms remains an investigatory priority under the current administration, the majority of the investigations have not resulted in resolutions, though several have led to aggressive enforcement measures. 

Despite issuing at least 40 press releases since January 2025 regarding OCR’s current interpretation of Title IX as it applies to transgender students, OCR’s website shows only five Letters of Finding related to these issues, and only two of those letters are accompanied by signed resolution agreements that would allow OCR to monitor compliance.  

However, while resolution agreements have slowed, OCR has shown an increased willingness to enforce regulations through litigation. OCR and DOJ jointly formed a Title IX Special Investigations Team specifically focused on “protecting women and women’s sports” in April 2025.  The creation of this team allows DOJ to participate in investigations from the outset, rather than relying on OCR to investigate and then refer the case to DOJ for enforcement, if needed.  

OCR has also referred two Title IX cases regarding gender identity and women’s sports to the DOJ for enforcement since 2025, an approach that has been rare in the past. OCR referred one case in April 2025 after the Maine Department of Education declined to sign a resolution agreement, and another in January 2026 after the Minnesota Department of Education and Minnesota State High School League declined to sign a resolution agreement. So, while the number of resolution agreements has sharply decreased, the increased threat of litigation makes it important that schools remain ready to promptly and thoroughly respond to these investigations if they arise. As always, T&H civil rights attorneys stand ready to assist schools in navigating the changing landscape of civil rights law and enforcement.