Washington education official sues superintendent, says she was fired for protecting girls’ sports

Darby Kaikkonen, a former senior official at the Washington State Office of Superintendent of Public Instruction (OSPI), has filed a federal lawsuit alleging she was fired in retaliation for voting to protect girls’ sports from biological male participation.

Kaikkonen, who served as Director of Student Information at OSPI and is an elected member of the Tumwater School Board, cast a vote on February 27, 2025, in favor of Resolution No. 09-24-25. The non-binding resolution supported two proposed amendments to the Washington Interscholastic Activities Association (WIAA) rules that would have created an “Open” division for all students while reserving the “Girls” category for biological females. Her vote, cast during a publicly noticed meeting, was in line with her constituents’ concerns over fairness and safety in school athletics.

Less than two weeks later, Kaikkonen was placed on administrative leave by OSPI and then abruptly terminated on March 19—without cause, warning, or disciplinary history. Her termination came just as she was preparing for her husband’s military deployment to the Middle East, during a time when she had requested spousal leave.

Her lawsuit names the State of Washington, OSPI, and Superintendent Chris Reykdal as defendants and alleges violations of her First and Fourteenth Amendment rights, wrongful termination in violation of public policy, and intentional infliction of emotional distress. She is seeking damages for lost income, emotional distress, reputational harm, and attorneys’ fees.

According to the lawsuit obtained by Alesha Perkins of OSD Rescue, Kaikkonen claims she was punished for her political speech and advocacy on behalf of girls in sports. “Plaintiff believes and alleges that the decision to place her on leave and subsequently terminate her was motivated by her exercise of First Amendment rights.”

The issue has taken on renewed urgency in Washington after a biological male athlete competing under the name Veronica Garcia won the girls’ 400-meter title at the 2A State Track and Field Championships last weekend. Garcia, a student at East Valley High School in Spokane, clocked in at 55.70 seconds—beating West Spokane’s Lauren Matthew by nearly a full second. Garcia also helped East Valley win the 4×100-meter relay and place third in the 4×400 relay. For comparison, the boys' 400-meter title was won by Isaac Ford in 48.47 seconds—a gap of over seven seconds. Tumwater athletes wore “Keep Women’s Sports Female” shirts before and after the event in protest.

The two WIAA proposals Kaikkonen supported—Amendments ML/HS No. 7 and 8—were both defeated earlier this year after intense political pressure. Superintendent Reykdal, backed by the state’s Democratic Attorney General, reportedly threatened legal action if the WIAA adopted them, arguing they would violate Washington’s anti-discrimination laws. As a result, the amendments were rejected despite one failing by just a single vote.

Superintendent Reykdal recently drew national criticism for declaring, “It is quite simply inaccurate to say biologically that there are only boys and only girls.” His office is currently under investigation by the US Department of Education’s Office of the General Counsel for potential violations of federal protections, including the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), and Title IX.

Fifteen-year-old Frances Staudt told KOMO News she was disciplined by her school district for refusing to play in a basketball game against a biological male athlete. “Our school administrators and the WIAA have failed us,” she said. “They say they are here for all students, but they are clearly not here for the girls.” A federal civil rights complaint has since been filed on her behalf.

Meanwhile, Reykdal has blamed the Trump administration in media interviews for the controversy. “It isn't until this administration came and made it a national issue that suddenly people think there's a crisis,” he told TVW. “They have this false sense that kids are in the wrong locker rooms, which just does not happen… There's a lot of trans youth. There are very few who actually participate in athletics, and now suddenly it's a big issue."