Kansas Attorney General Kris Koback is telling public schools they're required to inform parents about their children's choices about identifying as transgender or nonbinary.
Kobach maintains that failing to disclose when a child is socially transitioning or identifying as nonbinary at school violates parents' rights. He sent letters in December to six school districts and the state association for local school board members, then followed up with a public statement Thursday after four districts, all in northeast Kansas, didn't rewrite their policies.
The Kansas attorney general's letters to superintendents of three Kansas City-area districts, Topeka's superintendent and the Kansas Association of School Boards accused them of having “surrendered to woke gender ideology.” His letters didn't say what he would do if they didn't specifically require teachers and administrators to out transgender and nonbinary students.
LGBTQ+ rights advocates feel the letters are seeking policies that put transgender and nonbinary youth in physical danger. Jordan Smith, leader of the Kansas chapter of the LGBTQ+ rights group Parasol Patrol, said forced outing will create more anxiety for students and even push some back into the closet.
Five states have laws requiring schools to inform parents if their children use different pronouns, socially transition to a gender different than the one assigned at birth or present as nonbinary, according to the Movement Advancement Project, which supports transgender rights. Another six have laws that encourage it, the project says.
Kansas is on neither list. A bill introduced last year would bar schools from using the preferred pronouns for a student under 18 without a parent or guardian's written permission, but it did not clear a Senate committee.
Kansas lawmakers did enact a law over Gov. Laura Kelly's veto that ended the state's legal recognition of transgender and nonbinary identities by defining male and female for legal purposes based on a person's “reproductive anatomy” identified at birth. But state Sen. Renee Erickson, (R-Wichita), a former middle school principal, said it does not cover issues about whether schools must inform parents about a child's gender identity at school.
Erickson said she now favors taking a look at the bill before a Senate committee, saying it addresses a “policy gap.”
“The parents have a right to know what is affecting their child," she said.
In 2022 a federal judge hearing a northeast Kansas teacher's lawsuit concluded that her school district's policy of not informing parents of a child's gender identity at school without their consent violated a parent's constitutional right to raise children as they see fit. The district settled the case, paid the teacher $95,000 and revoked the policy.
The judge said parents' constitutional rights include a say “in what a minor child is called and by what pronouns they are referred.”
But Kobach cited neither that case nor Kansas law in his letters to the state school boards association, the Topeka school district and the Kansas City, Shawnee Mission and Olathe districts in the Kansas City area. Instead he cited U.S. Supreme Court decisions going back as far as 1923 that he said affirmed parents' rights. His office released copies Thursday.
He told each district that its policies on transgender students violated parents' rights and said two other districts in the Wichita area quickly rewrote their policies after his letter arrived. In his letter to the school boards group, he noted it provides legal help to local districts.
In each letter he said withholding such information from parents would be “arrogant beyond belief.”
Indiana Attorney General Todd Rokita launched an online form Tuesday to gather complaints about “objectionable curricula, policies, or programs affecting children” in education. His office said it will follow up on submissions that may violate Indiana law but added that materials don't have to meet that criteria to be posted for people to review.
Last year, Texas Attorney General Ken Paxton sent requests to at least two medical providers that don't operate in his state for information about providing gender-affirming care as part of an investigation, though it's not clear what Texas law would cover them. Washington state's attorney general invoked a law there to block Seattle Children’s Hospital from complying, and QueerMed, a Georgia-based telehealth provider, said on its website that it will not comply.
As for Kobach, Tom Alonzo, a Kansas City LGBTQ+ rights advocate, argued that the attorney general is bent on “intentional marginalization” of transgender people. Micah Kubic, executive director of the American Civil Liberties Union of Kansas, said Kobach is ignoring students' right to privacy and called the attorney general's stance “cruel” and “dangerous.”
While the Kansas City district declined comment, the other three districts said they deal with transgender and nonbinary students case by case and seek to work with parents. The Topeka district expressed confidence that its practices are legal. The four districts are among the largest in Kansas and together have more than 88,000 students or 18% of the total for the state's public schools.
The strongest response came from Michelle Hubbard, the Shawnee Mission superintendent, in her district's response in December. She chided Kobach for not citing actual cases in the district of parents' rights being violated and suggested that he was relying on “misinformation” from “partisan sources.”
“We are not caricatures from the polarized media, but rather real people who work very hard in the face of intense pressure on public schools,” Hubbard