(The Center Square) – As public school officials file civil rights complaints against the state over its gender identity policies, some districts are mobilizing after the U.S. government announced a “first-of-its-kind” investigation on Wednesday that could clarify conflicts between state and federal law.
Several districts have filed complaints against the Washington Office of the Superintendent of Public Instruction, or OSPI, over its policies. U.S. Secretary of Education Linda McMahon cited the reports on Wednesday, accusing the state of “hiding gender identity” from students’ parents.
Spokane’s Central Valley School District will host a special meeting on May 5 over sending Title IX complaints to the U.S. Department of Education. Mead and Kennewick sent their concerns to McMahon in March, and the agency is actively investigating Tumwater for potential violations.
“No state agency should be in the business of forcing school districts to adopt policies that potentially violate federal law,” Kennewick School Board president Gabe Galbraith told The Center Square, “especially when those policies undermine parental rights.”
According to OSPI handouts, the right to choose one’s gender belongs to the student, “not to the parent/guardian.” While consistent with state law, the policy and others related to sports and restrooms contradict President Donald Trump’s executive orders prohibiting such measures.
Washington State Superintendent of Public Instruction Chris Reykdal called the federal probe an “alarming attempt to infringe on the rights of our transgender and gender-expansive students.”
“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,” Reykdal continued in a statement on Wednesday. “Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders.”
Galbraith called OSPI’s practice of withholding information from parents a “serious overreach,” adding that the state agency appears to care more about an agenda than protecting students.
“This isn’t just a legal matter,” he told The Center Square. “It’s a question of trust, transparency, and respect for the boundaries between government authority and parental rights.”
The Washington Interscholastic Activities Association, the rulemaking body for school sports, recently rejected two rules that would’ve limited participation in girls’ sports to biological girls.
The association held a vote on the rules but told the school districts that it would be advisory only, meaning the decision was ultimately up to the WIAA regardless of the outcome. WIAA officials told The Center Square that they’re following state law and will continue to do so.
“This is consistent with language the WIAA Office has shared with the membership dating back to August 2024,” WIAA Director of Communications Sean Bessette said Thursday. “If state law changes, the WIAA Executive Board has the authority to change policies accordingly.”
Many districts want clarity on when federal law preempts state law. Trump has threatened to pull funding from schools that don’t comply with federal law; however, the districts also face losing local support if they don’t follow state law, putting them between a rock and a hard place.
Mead School Board President Michael Cannon applauded the DOE investigation, thanking McMahon, Trump and U.S. Attorney General Pam Bondi for the federal intervention. He said OSPI policies are putting the district at risk of losing funding, something Mead can’t afford.
“This investigation … affirms our stance against policies that restrict parental notification of gender identity changes and allow sports participation based on gender identity,” Cannon told The Center Square. “We urge a swift resolution to protect federal funding and clarify federal preemption.”
The Center Square contacted several gender rights advocacy groups for comment but received no response before publishing.
