DOJ look at school LGBTQ curriculum based on false information
Conservative justices seemed to side with states on trans athlete ban.
Plaintiffs argued that Title IX and the 14th Amendment protected their rights. Government lawyers argued that the bans protect a wider swath of women.
Michigan’s state superintendent fired back at the U.S. Justice Department on Feb. 19, saying the department’s investigations into three districts are based on false information about the state’s health education guidelines.
U.S. Assistant Attorney General Harmeet Dhillon sent letters on Wednesday, Feb. 18 to the Detroit Public Schools Community District, Lansing School District and Godfrey-Lee Public Schools saying it had launched Title IX inquiry focused on whether the districts have included “sexual orientation or gender ideology content” in any classroom instruction and if parents were notified of their rights to opt their children out of such instruction. It will also determine if transgender students are allowed to use bathrooms and locker rooms that align with their gender identity.
The DOJ letters cite the Michigan State Board of Education’s 2025 revision of its Michigan Health Education Standards Guidelines, which recommended students be taught about gender identity and sexual orientation. The correspondence to school districts said “health is a required class for graduation in the state of Michigan, with no opportunity for parents to opt their children out of receiving instruction.”
But the feds got it wrong, state Superintendent Glenn Maleyko said in a statement Thursday, calling the premise of the investigations a “mischaracterization” of Michigan policy.
“Local school boards set health curriculum with input from local sex education advisory boards,” he said. “Local control remains in place. Parents retain the right to decide whether their children should participate in sex education instruction.”
The new state health education guidelines note that under existing state law, parents must be notified ahead of sex education classes, have a right to review curriculum, and can opt their children out of all or some of it without penalty.
“The breadth and scope of the federal requests, premised on a mischaracterization of the Michigan Health Education Standards Guidelines adopted by the State Board of Education, place a significant administrative burden on local districts and risk diverting time and resources away from the core mission of educating students,” Maleyko said in the Thursday statement.
Maleyko also reaffirmed the state’s commitment to ensuring all students feel safe and included.
“The much-needed updates to health education guidelines — which the Department of Justice falsely said are state requirements — help local districts make decisions on how they can support student health,” he said.
House Speaker Matt Hall, a Republican from R-Richland Township, said at his regular news conference on Feb. 19 he supports the investigations because he doesn’t think most parents want their children receiving that type of instruction.
If it is happening, officials should “put a stop to it,” Hall said. “I would welcome more investigations.”
What State Board of Education members have to say
At the time the state’s health education guidelines were proposed, many conservative and religious parents and community members spoke out against the changes. They claimed their rights to protect their children’s religious upbringing were stripped away.
State Board of Education member Tom McMillin, R-Oakland Township, said he was pleased to learn of the DOJ investigation: “This is one of the things the federal government can do to make kids safe.”
Even though state law says that parents have a right to opt out their children from sex education lessons, McMillin there are no consequences for districts that do not follow the opt-out law.
“There’s no consequences to saying, ‘Oops! We forgot to tell you we’re telling your kids boys can be girls and girls can be boys.’ … I think there should be serious consequences, removal of funds, maybe jail time, prison, for districts that don’t follow the law.”
State Board of Education President Pamela Pugh, D-Saginaw, called the investigation a “misuse of federal resources.”
“This Department of Justice investigation amounts to a politically motivated fishing expedition that burdens school districts and pulls resources away from the classroom. At a time when the DOJ should be focused on protecting children from real threats, including unsafe immigration enforcement practices, it is instead targeting local schools based on a mischaracterization of Michigan’s health education standards, guidance that does not mandate curriculum and does not override local control or parental rights.”
What the DOJ is asking for
For its investigation, the Justice Department is requesting the districts produce numerous documents, including slideshows, presentations, imagery, posters, signage, recordings, handouts, notes, textbooks, library books that relate to “sex,” “human reproduction,” “human sexuality,” “genitalia,” “sexual orientation,” “gender identity,” “gender diversity,” “gender spectrum,” “gender expression,” “gender fluidity,” “gender nonconformity,” “hormone blockers,” “puberty blockers,” “transitioning” or “LGBTQIA+” in health or sex education, or any other class, for all grades pre-K-12 from Sept. 1, 2023, to present.
Letters sent to the school districts also said if the DOJ investigation determines the districts are violating Title IX, it will work to resolve the situation by “informal voluntary means.” They add: “If DOJ cannot secure compliance voluntarily, we may take formal action to secure compliance, which could involve suspending, terminating, or refusing to grant or continue (the districts’) federal financial assistance, as well as commencing a civil action.”
The Department of Justice did not respond to questions about why the three districts are the target of the investigations.
ACLU: ‘Districts should not panic’
Jay Kaplan, a staff attorney for the ACLU of Michigan, said the civil rights investigations are unusual because they don’t appear to be prompted by parent complaints.
“Districts should not panic and should know how … suspect and constitutionally flawed this letter is,” he said.
In a statement, Erin Knott, executive director of the LGBTQ+ advocacy organization Equality Michigan, noted that LGBTQ+ youth are a vulnerable group.
“They face higher rates of bullying, harassment and mental health challenges. Inclusive education policies are not ‘ideology,’ they are evidence-based efforts to ensure that every student feels safe, respected and seen in their own school community.”
All three districts receive high percentages of their funding from federal grants, said Peter Spadafore, executive director of the Michigan Alliance for Student Opportunity, an organization that works to help students in districts with the greatest needs by creating educational equity.
In an emailed statement, Godfrey-Lee Superintendent Arnetta Thompson said her district is cooperating fully with this inquiry and will provide any requested information.” She added: “At this time, this is a standard review process. The District is not facing any charges or findings of wrongdoing. We remain committed to complying with all applicable federal, state, and local laws and have consistently operated in accordance with those laws.”
Spokespeople for the Detroit Public Schools Community District and the Lansing School District declined to comment on the investigation.
Monique Bryant, a member of the DPSCD board, said sometimes students and parents can veer too far left. “We have to be thoughtful and mindful of everyone,” she added.
But as a parent, Bryant said, she has never had a concern about classroom materials.
Lansing school board President Guillermo Lopez on Thursday said he knew of no complaints from parents who wanted to opt out but were unable to do so.
DOJ investigations into other districts
On Wednesday, the U.S. Education Department’s Office for Civil Rights announced an investigation into New York City’s education department for a policy that allows transgender students to play on sports teams in line with their gender identity.
Denver Public Schools was investigated last year by the Department of Education for converting a girls’ restroom into an all-gender restroom.
Chicago is facing a loss of millions in federal funding for magnet schools due to a dispute with the Department of Education over how the district serves transgender and Black students.
Staff writer Paul Egan contributed to this report.
Contact Georgea Kovanis: [email protected].
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