EXCLUSIVE — The Trump administration has launched an investigation into Washington state for allegedly allowing biological males to participate in female sports and use girls’ locker rooms in possible violation of Title IX, a federal civil rights law.
The Education Department investigation into the Washington Office of the Superintendent of Public Instruction also seeks to determine whether the state is requiring local school districts to implement policies that could violate other federal laws, specifically the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
An Education Department official confirmed to the Washington Examiner that the administration had sent a letter to the Washington Office of the Superintendent of Public Instruction Wednesday afternoon, serving as notice of the investigation’s launch.
“Today’s investigation into Washington OSPI is a first-of-its-kind, bringing together ED and DOJ, and multiple offices within ED, to adjudicate several potential violations of federal law,” Education Secretary Linda McMahon said in a Wednesday statement to the Washington Examiner.
“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, confusing students and letting boys into girls’ sports, bathrooms, and locker rooms,” the secretary continued. “If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration.”
Wednesday’s announcement followed an earlier notice the Education Department sent on possible federal violations stemming from requirements the state sent to the La Center School District to conform with state laws protecting “gender-expansive students.”
According to the Education Department, the OSPI threatened to withdraw funding for La Center if it does not adopt policies directing educators to “not proactively share information about any students’ gender identity without the student’s consent.” Trump administration officials say Washington’s law does not align with federal law.
The Washington Examiner obtained a copy of the letter sent to Washington Superintendent of Public Instruction Chris Reykdal on Wednesday. The letter alleges new violations of federal law in addition to the previous allegations regarding La Center.
“Several Washington school districts have reported to the U.S. Department of Education that the Washington Office of Superintendent of Public Instruction (OSPI) has adopted policies that
allow male students to participate on girls’ athletics teams and enter girls’ locker rooms and
restrooms, in violation of Title IX of the Education Amendments of 1972,” acting Assistant Education Secretary Craig Trainor wrote in the letter.
Trainor added that should the department’s investigation determine that a Title IX violation took place, the administration will “act to terminate Federal financial assistance or effect compliance by ‘any other means authorized by law.’”
Neither the OSPI nor the office of Gov. Bob Ferguson (D-WA) responded to questions on the investigation.
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Since entering office, Trump has taken significant steps to combat transgender-friendly policies at the state level, including opening separate investigations into Maine and California for alleged FERPA violations.
Furthermore, the Education Department sent a “Dear Colleague” letter to state level school officials in March outlining the administration’s compliance expectations for FERPA and PPRA and launched the “Title IX Special Investigations Team” in partnership with the Justice Department to “protect students, and especially female athletes, from the pernicious effects of gender ideology in school programs and activities.”