Ann Arbor Schools Face DOJ Lawsuit Over Transgender Policy
A potential legal battle looms for Ann Arbor Public Schools. The U.S. Department of Justice (DOJ) has issued a stern warning to the district, demanding changes to its policy regarding transgender students within two weeks or face a lawsuit.
The contentious policy currently bars staff from sharing information about a student’s transgender status without explicit student approval or a legal mandate. The DOJ contends this policy infringes on parental rights.
In a development over the summer, the U.S. Department of Education informed Ann Arbor Public Schools that their policy might breach the Family Educational Rights and Privacy Act (FERPA), which grants parents significant access to their child’s school records. The department asserted its commitment to holding districts accountable, stating, “we will use every tool available to hold them to account.”
Despite the Education Department’s directive in August for policy amendments, the district’s adjustments, which clarified disclosure allowances, did not satisfy the DOJ. The DOJ’s recent letter, posted on X on September 14, insists on further revisions, such as removing the directive for staff to consult students privately about their chosen name and pronouns, and demands more parental rights in accessing and contesting educational records.
Steve Norton, an Ann Arbor school board trustee, criticized the DOJ’s demands as exceeding federal authority. Norton remarked to Michigan Public, “They’re trying to push the envelope to say that we must somehow notify parents, whether the student requests privacy or not. That’s just simply beyond what the law allows.”
Richard Landau, representing the district on federal compliance matters, highlighted the financial stakes, with $15 million in federal funding potentially at risk. He clarified that the federal actions were not triggered by a complaint but initiated by the department itself, disputing claims that the district hides records from parents.
During the August policy amendment vote, school board trustees maintained that the changes aligned with federal law without altering existing practices. DOJ’s letter cited Trustee Susan Schmidt’s comment, “We’re trying to be more clever than that,” with Assistant Attorney General Harmeet Dhillon responding on X, “Clever won’t cut it!🤨”
Norton expressed surprise at the DOJ’s detailed attention to board discussions, stating, “it was a little startling” to see their conversations quoted by federal officials.
The Education Department has prioritized addressing the concealment of a child’s gender identity from parents, taking similar actions in other states like Maryland, Maine, and California. In a policy directive last year, the department emphasized empowering parents to protect their children from radical ideologies in schools.
A spokesperson for Ann Arbor Public Schools reiterated the district’s commitment to upholding federal law while ensuring student privacy and safety. Following a closed session on September 14, the school board authorized a strategic response to the DOJ and retained legal counsel for the dispute.
The DOJ has set a deadline of September 28 for the school board to comply with the requested changes to avoid litigation. Norton, speaking before the session, expressed uncertainty about the district’s course of action but indicated reluctance to grant the DOJ more authority than legally warranted.
