Trump administration investigates WA education agency over trans youth protections

Apr. 30—The U.S. Department of Education has launched a sweeping investigation into Washington’s top education agency, escalating a legal and ideological battle over how schools handle students’ gender identity.

In a letter sent Tuesday, the department said it would investigate whether the Washington Office of Superintendent of Public Instruction, or OSPI, is pressuring school districts to adopt gender-inclusive practices that it claims violate federal law.

The department appears to be expanding the scope of an existing investigation triggered by a recent case in the La Center School District in Clark County. The superintendent there directed staff to not ask students about their gender pronouns. In February, OSPI ordered La Center to correct its practices, saying it was out of compliance with state policy on that issue and a few others.

This week’s letter mentions the issue in La Center, but also takes broad aim at Washington policy that protects student access to restrooms, locker rooms and sports teams that align with their gender identities.

“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,” Education Secretary Linda McMahon said in a news release.

This is part of the Trump administration’s swipe at diversity, equity, and inclusion initiatives across agencies that receive federal funding. Other states, including California and Maine, are facing similar federal scrutiny over their gender-inclusive policies.

Washington state law explicitly prohibits gender-based discrimination in schools. It requires school districts to adopt gender inclusion policies that align with guidelines drafted by the state, including the right of students to use the bathroom that corresponds with their gender identity.

State Superintendent Chris Reykdal, who leads OSPI, forcefully pushed back on the federal probe.

“In this alarming attempt to infringe on the rights of our transgender and gender-expansive students, the Department is trying to co-opt laws enacted to protect students from discrimination and distort them into mandated discrimination,” Reykdal wrote in a statement.

He maintained OSPI’s guidance is grounded in state law passed by the Legislature.

The Department of Education also stated concern with state guidelines that require school staff to check with a student first on how they’d like their gender to be identified in school settings and in conversations with parents, claiming that it conflicts with federal law concerning parental rights.

McMahon warned in March that agencies would lose funds if they do not comply with the department’s interpretation of federal law. OSPI is the entity that distributes funding to schools, and ensures Washington state school districts follow the law.

“My office will enforce our current laws as we are required to do until Congress changes the law and/or federal courts invalidate Washington state’s laws,” said Reykdal. “Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders.”

The department said it would follow up with OSPI within a week with a request for more data, according to the letter.