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Katy Payne she/her
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The U.S. Department of Education has announced that they intend to investigate OSPI’s enforcement of Washington state’s nondiscrimination law and protections for transgender and gender-expansive youth. State Superintendent Chris Reykdal’s statement is below.
OLYMPIA—April 30, 2025—Two weeks ago, the Trump Administration (Administration) announced that they intend to take aim at Washington’s nondiscrimination laws through an investigation of the Office of Superintendent of Public Instruction (OSPI). Today, the U.S. Department of Education (Department) formally opened the investigation.
This investigation, which alleges that OSPI is out of compliance with Title IX, the Family Educational Rights and Privacy Act (FERPA), and the Protection of Pupil Rights Amendment (PPRA), is the latest target in the Administration’s dangerous war against individuals who are transgender or gender-expansive. Maine and California are already subject to investigations––and a federal lawsuit, in Maine’s case––related to state civil rights protections based on student gender identity.
Washington public schools have a responsibility to provide a safe and nondiscriminatory environment for all students, including transgender and gender-expansive students, so that all students can thrive. Since 2006, Washington state law has prohibited discrimination on the basis of gender identity, and the state has allowed students to participate in school-based athletics in alignment with their gender identity since 2007. These protections fit within the scope of what is allowed by federal law and have been successfully established and implemented for nearly two decades.
Transgender and gender-expansive students are not the only students affected by gender and gender stereotypes at school. When schools affirmatively support gender diversity, all students are empowered to live more authentically and to take advantage of different opportunities that might not have otherwise been available.
A student’s school should be a safe place where they can learn, thrive, and be their authentic self, and family involvement and acceptance are extremely beneficial to all students. Unfortunately, it is not safe for all individuals to open up to their family regarding gender identity, and family rejection related to an individual’s gender identity results in increased odds of a suicide attempt and/or misusing drugs or alcohol. It is not the role of the school system to facilitate private conversations that should be happening between students and their parents or guardians, and the federal government should not force schools to play the role of parents when it comes to gender identity.
Additionally, students deserve privacy, even if they are enrolled in public school. Washington state law requires schools to provide any student, transgender or not, who needs or desires increased privacy with access to an alternative restroom or changing room option.
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. The Department also attempts to twist FERPA and PPRA into tools designed to undermine the health, safety, and wellbeing of students. The interpretations taken by the Department are not supported by these laws.
My job as the leader of this constitutional office is to communicate, uphold, and enforce 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. Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders.