US Justice Department probes 36 Illinois districts on gender identity lessons, parental opt-out rights

The U.S. Department of Justice has launched investigations into 36 school districts in Illinois, marking one of its largest efforts to examine K-12 systems under the current administration.

According to an official press release, the investigations will examine whether districts included sexual orientation and gender identity content in pre-K through grade 12 classrooms. If such material was used, officials will assess whether parents were informed of their right to opt their children out of those lessons.

Scope of the inquiry

The Justice Department said the investigations will review:

• Use of sexual orientation and gender identity content in classrooms
• Whether parental opt-out provisions were communicated
• Policies on transgender students’ access to bathrooms, facilities and athletic teams

Unlike earlier cases referred by the U.S. Department of Education, these investigations were initiated directly by the Justice Department.

Federal position and statement

Assistant Attorney General Harmeet Dhillon said the department is focusing on parental awareness and school policies.

“This Department of Justice is determined to put an end to local school authorities keeping parents in the dark about how sexuality and gender ideology are being pushed in classrooms,” Dhillon said in a statement on April 30.

She added that Supreme Court precedent affirms parental authority over children’s education, including decisions on classroom content.

Legal context

The investigations follow recent rulings by the U.S. Supreme Court, including:

• Mirabelli v. Bonta
• Mahmoud v. Taylor

In Mirabelli v. Bonta, the court sided with parents challenging policies that restricted disclosure of students’ gender identity to families. In Mahmoud v. Taylor, the court required school districts to allow parents to opt children out of lessons involving LGBTQ+ content, particularly for younger students.

Districts and prior probes

The list of 36 districts under investigation does not include Chicago Public Schools.

Chicago Public Schools had previously been investigated by the Education Department’s Office for Civil Rights under Title VI over a programme addressing outcomes for Black students. Separate Title IX investigations were also launched into the Illinois State Board of Education, Chicago Public Schools and Deerfield Public Schools regarding access for transgender students to girls’ facilities.

Civil rights enforcement data

A report released by Bernie Sanders found that the Education Department’s Office for Civil Rights resolved about 1% of cases in 2025.

The report said there were no resolution agreements in key categories, including:

• Sexual harassment and assault
• Disability-related restraint and seclusion
• Racial harassment
• School discipline disparities

The findings cover a period of increased federal scrutiny of school policies related to gender identity, curriculum content and student rights.

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