Trump DOJ, DOE investigate Washington state over trans inclusion in women's sports, gender identity classroom policies

On Wednesday, the United States Department of Justice (DOJ) and the Department of Education (DOE) launched an investigation into Washington state for its policies that require schools to allow male students to participate in women's sports and use female restrooms and changing rooms, citing Title IX violations. The federal agencies also accused the state of requiring school districts to violate specific federal laws, such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

The April 30 letter sent to the Washington Office of the Superintendent of Public Instruction (OSPI) comes after several school boards and districts within Washington state reported to the DOJ's Office of Civil Rights (OCR) that OSPI was forcing public institutions to violate Title IX by prohibiting schools from banning trans-identified male athletes from participating on girls' athletic teams.

Additionally, the OSPI had threatened to withhold funding to Washington state school districts that refused to comply with the OSPI policies that violate Title IX, the letter states. Some of the school boards and districts that reported the matter to the OCR include Mead School Board, Kennewick School Board, Moses Lake School District 161, Eastmont School District, and Warden Joint Consolidated School District.

The Justice Department also claimed that Washington state enacted policies that violate the FERPA, which includes ordering students to state their preferred pronouns to teachers without parental consent. According to the state policy, schools can only notify parents about a student's self-proclaimed gender-identity if a parent and/or guardian files a records request.

Chris Reykdal, Washington's Democratic Superintendent of Public Instruction, wrote in a press release at the time that "It is the student's decision when and if their gender identity is shared, and with whom." The La Center School District contacted the DOE about the state's school gender-identity policies, which prompted the initial investigation.

"Earlier this year, OSPI ordered La Center to change policies to conform with state law to protect 'gender-expansive students' in a manner which is apparently contrary to federal law," the DOE told the Ari Hoffman Show on KVI 570 in a statement. "This included mandating that the District 'will not proactively share information about any students' gender identity without the student's consent,' which appears to violate parents' rights under FERPA to inspect their child's school records. The Department is committed to protecting parents' rights."

The Department of Justice and Department of Education concluded the letter by stating that federal funding could be pulled should Washington state not comply with federal law.

Republican Washington Congressman Dan Newhouse praised the investigation, writing in a statement: "I commend the US 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."