Feds formally launch investigation into OSPI over gender-inclusive schools law
The federal government announced on April 30 that it has formally opened an investigation into Washington state’s Office of Superintendent of Public Instruction.
The U.S. departments of Education and Justice, via their Title IX “Special Investigations Team” joint initiative, allege that the state’s public schools agency has imposed gender-inclusion requirements on school districts in possible violation of federal law.
The April 30 news comes about two weeks after the administration of President Donald Trump announced its intent to launch a probe into OSPI.
More than one Washington school district has claimed that OSPI is mandating that school districts allow transgender athletes to compete in girls’ sports, according to the U.S. Education Department. The federal agency says that it raises “substantial Title IX concerns,” referring to the anti-sex-based discrimination law.
A news release announcing the investigation cites OSPI’s conflict with La Center School District in Clark County, an ongoing dispute related to gender-identity and pronouns policies.
The federal government says by “mandating that districts not notify parents of a change in their child’s ‘gender identity,’” OSPI could be infringing on federal laws such as the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
U.S. Secretary of Education Linda McMahon called the investigation into OSPI the “first of its kind” bringing together two federal departments and multiple education-agency offices to adjudicate possible federal-law infractions.
McMahon said that the state seems to be using its power to coerce districts into keeping information from parents about students’ gender identity, among other concerns.
“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,” McMahon said in a statement.
State Superintendent Chris Reykdal called the federal administration’s move the latest shot in a “dangerous war” against transgender and gender-expansive people. He noted that California and Maine are facing similar investigations, the latter of which is also grappling with a federal lawsuit.
Reykdal said OSPI will continue enforcing Washington’s current laws until the federal courts invalidate them, or Congress changes the law.
“Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders,” he said in a statement on April 30.
This marks the latest skirmish between the Trump administration and Washington state. State Attorney General Nick Brown has participated in or led several lawsuits against the U.S. government, which has in some cases scrapped federal funding meant for Washington.
Gov. Bob Ferguson urged state lawmakers this session to consider ongoing federal hostility when composing the budget.
Washington’s public schools are responsible for offering all students a safe, nondiscriminatory learning environment, including for LGBTQ+ students, Reykdal said. The state’s gender identity anti-discrimination law and protections have been implemented successfully for nearly two decades, he said.
Reykdal said the federal education agency is aiming to distort anti-discrimination laws into “mandated discrimination,” turning student-privacy laws into tools that undermine students’ well-being, safety and health.
Schools should be places where a student can safely learn as their authentic self, he said. But for some gender-expansive kids, it isn’t safe for them to open up to their families, and rejection can lead to higher odds of suicide or substance misuse.
“It is not the role of the school system to facilitate private conversations that should be happening between students and their parents or guardians,” Reykdal said, “and the federal government should not force schools to play the role of parents when it comes to gender identity.”
This story was originally published May 1, 2025 at 5:00 AM.
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