Kansas Attorney General Kris Kobach is putting several school districts on notice about policies dealing with a student’s “transgender” or “gender non-conforming” status.  Kobach said some districts are allowing employees to hide from parents information that a student may be using a different name or pronoun at school.

Kobach said the policies are allowing schools to “socially transition” students without the parent’s knowledge or consent.  He said in a press release that  “A child changing his or her gender identity has major long-term medical and psychological ramifications.  Parents should know, and have an opportunity to be involved in, such an important aspect of their well-being.”

Kobach said he has notified several districts that their policies are violating parental rights.  He singled out Kansas City (USD 500), Olathe (USD 233), Shawnee Mission (USD 512), and Topeka (USD 501) for having such policies.

The Attorney General said two school districts—Belle Plaine (USD 357) and Maize (USD 266)—responded that they had no intention of cutting parents out of the process and immediately rescinded or amended their policies.

Kobach said he has also sent a letter to the Kansas Association of School Boards regarding this issue.

The Maize school district issued a statement regarding transgender or gender non-forming students:  When state law changed in 2022, Maize USD 266 clarified with employees through professional development and employee guidance documents the expectation to obtain parent permission as required by law.

The ACLU of Kansas issued a statement in response to the Attorney General’s comments.  Executive Director Micah Kubic commented in a press release:

“Students have a constitutional right to privacy with respect to information about their sexual orientation or gender identity. It is unlawful for school officials to disclose that information. Forced outing of transgender students likely violates federal privacy laws in addition to students’ constitutional privacy rights. Denying students the right to use the name and pronouns that affirm their gender identity likely violates Title IX of the Educational Amendments of 1972 and the Equal Protection Clause of the United States Constitution.

Quite aside from its brazen disregard for the law or the Constitution, the type of forced outing Attorney General Kobach seeks to impose on school districts and students is cruel, dangerous, and a repudiation of our shared values.

Kansans should remind the Attorney General that schools’ primary obligation is to protect the well-being of their students—and the research shows forced outing policies lead to increased harm to LGBTQ+ students. We commend the schools who remain committed to protecting the children they serve.”