(The Center Square) – Defending Education’s federal privacy complaint filed last month alleges that Seattle Public Schools is violating two federal laws – the Family Education Rights and Privacy Act and the Protection of Pupil Rights Amendment – with its gender identity policies.
The civil rights complaint claims the district’s policies, specifically those that keep student gender identity information secret from parents, violate parents’ rights to inspect and review their children’s education records.
The complaint also argues that the district’s “Community Health Lockers” project, which provides gender-affirming supplies to minors without parental consent or knowledge, violates parental rights regarding surveys, physical exams, or, by extension, treatment and supplies provided in a school setting.
Defending Education, an Arlington, Va.-based grassroots organization that describes itself as working to restore schools at all levels from activists and imposing harmful agendas, has asked the Student Privacy Policy Office at the U.S. Department of Education and the Department of Justice to swiftly investigate SPS for these apparent violations of federal law.
“Seattle is basically ground zero for gender identitarianism,” Sarah Parshall Perry, vice president and legal fellow at Defending Education, told The Center Square on Thursday.
She elaborated.
“As far as gender secrecy policies are concerned – and that’s obviously part of the complaint that our organization has filed – is that there are the prevalence of these types of policies and willful defiance of federal privacy law that requires parental examination and involvement with a child’s educational record,” Perry continued. “Often, we find these school teachers, administrators, superintendents, skating federal privacy regulation by maintaining records on gender identity that are not included in a child’s formal educational record, so that they can avoid the hoary eye of the federal Department of Education and the privacy office.”
The Center Square asked if Defending Education has received a response from Seattle Public Schools.
“No, and we didn’t anticipate that we would,” Perry said. “They are Public Enemy No. 1 as far as the Department of Education is concerned. But I will tell you that federal funding is a hell of a drug when it comes to funding public education, and we recognize that there are millions at stake for Seattle Public Schools. Violation of both PPRA and FERPA comes with financial strings attached.”
The Center Square reached out to SPS Media Relations for comment on Defending Education’s federal complaint, but did not receive a response by the time of publication.
The district’s gender identity policies are outlined in Policy 3211. Those policies are designed to ensure a safe, supportive environment for transgender and gender-expansive students by requiring non-discrimination, allowing the use of preferred names/pronouns in records, supporting the use of facilities such as restrooms and locker rooms that align with students’ identities, and mandating staff training in inclusive practices. Said policies are meant to align with state laws for equal opportunities in all school activities, from dress codes to sports.
Perry noted that the Department of Education’s Office for Civil Rights is investigating four school districts in Washington – Tacoma, Vancouver, Cheney and Sultan – for potential Title IX violations related to policies allowing transgender girls to participate in girls’ sports and use female facilities. The investigation follows complaints alleging these practices conflict with federal guidance under the Trump administration’s restrictions on the recognition of transgender identities in schools.
“I’m very much hoping that Seattle will soon be targeted for investigation by the Department of Education,” Perry said.