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The question of whether parents could opt their children out of sex education lessons was a major point of controversy last year when the Michigan Department of Education updated its health education standards. 

Now the U.S. Department of Justice is investigating whether three districts gave parents advance notice of lessons pertaining to sexual orientation and gender identity so their children could be excused. Officials are also investigating whether the districts received any complaints聽鈥渞egarding sex-segregated bathrooms鈥� and other spaces, indicating that the federal government is committed to ensuring 鈥渢he safety, dignity, and innocence of our youngest citizens.鈥澛�

On Wednesday, Assistant Attorney General Harmeet K. Dhillon sent letters to the superintendents of the Detroit, Lansing and Godfrey-Lee school districts, asking for all materials that reference sex and LGBTQ-related terms as well as any complaints or inquiries the districts might have received related to those issues. 

鈥淭his Department of Justice is fiercely committed to ending the growing trend of local school authorities embedding sexuality and gender ideology in every aspect of public education,鈥� she said in a statement. 

The letters to the district鈥檚 superintendents signal the Justice Department鈥檚 willingness to aggressively enforce last year鈥檚 U.S. Supreme Court decision in in which the justices sided with a group of parents who argued they should be able to opt their elementary school children out of lessons related to LGBTQ-themed storybooks for religious reasons. Michigan鈥檚 standards, Dhillon wrote, could be at odds with the court鈥檚 decision. 

If the districts don鈥檛 agree to the department鈥檚 demands, they could be at risk of losing federal funding, she wrote. Including school nutrition funds and Medicaid, the Detroit Public Schools Community District, for example, receives over $200 million, according to Jeremy Vidito, chief financial officer.

Officials with Detroit and Lansing districts did not return phone calls or emails, but in an email, Arnetta Thompson, superintendent of the Godfrey-Lee district, called the investigation a 鈥渟tandard review process.鈥�

鈥淲e are fully cooperating with this inquiry and will provide any requested information,鈥� she said. 鈥淭he 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.鈥�

In a statement, Michigan state Superintendent Glenn Maleyko said his department supports the three districts that 鈥渉ave been targeted鈥� by the DOJ and said Dhillon wrongly characterized the health guidelines as state requirements. 

Parents, he said, 鈥漴etain鈥痶he right to decide whether their children should鈥痯articipate鈥痠n sex education instruction. And state officials will work with the districts to 鈥渟elect a curriculum that best supports the needs of their students, consistent with state standards and guidelines.鈥� 

The investigations reflect the Trump administration鈥檚 parental rights agenda, whose nearly singular focus has been to restrict lessons or policies related to gender identity. In a last September, Attorney General Pam Bondi said state and local officials have 鈥渋gnored, dismissed and even retaliated against concerned parents who speak out against these morally and factually bankrupt ideologies.鈥� One of President Donald Trump鈥檚 earliest rejected the Biden administration鈥檚 efforts to extend Title IX protections to transgender students. But some experts say it鈥檚 highly unusual for the Department of Justice to get involved in matters related to curriculum.

鈥淭hese investigations depart from longstanding DOJ practice of not dictating or interfering with school curriculum,鈥� said Johnathan Smith, chief of staff and general counsel at the National Center for Youth Law. A former deputy assistant attorney in the DOJ鈥檚 civil rights division, he said previously, the department 鈥渋ntentionally avoided鈥� those issues.  

Brian Dittmeier, director of LGBTQI+ Equality at the National Women鈥檚 Law Center, added that the DOJ鈥檚 probe is a 鈥渂latant attempt to discourage inclusive education鈥� and takes the Mahmoud decision too far. While that case focused specifically on books that the Montgomery County schools in Maryland added to its reading curriculum in the early grades, DOJ is looking at 鈥渃ontent in any class鈥� for pre-K through 12th grade.

But Jonathan Butcher, acting director of the Center for Education Policy at the conservative Heritage Foundation, said the DOJ鈥檚 action appears 鈥渃onsistent with the degree of parent empowerment under Mahmoud.鈥�

鈥淧arents need a level of trust that schools will reflect their values, or at least not contradict their values,鈥� he said. It鈥檚 likely, he added, that other districts will see similar investigations in line with 鈥渢he Education Department and White House鈥檚 goals to protect students from explicit material.鈥�

鈥楥apacity issue鈥櫬�

The fact that the DOJ is involved instead of the Department of Education鈥檚 Office for Civil Rights could reflect a 鈥渃apacity issue,鈥� Dittmeier said.

In December, Education Secretary Linda McMahon recalled more than 250 OCR employees to handle a growing backlog of complaints. They had been on administrative leave as a result of her attempts to downsize the department. 

While McMahon has moved to shift Education Department offices to other agencies, she has not yet announced where OCR would go. in Congress, however, would move OCR to the Justice Department. The Education and Justice departments also formed a last April to speed up Title IX investigations and 鈥渦se the full power of the law to remedy any violation of women鈥檚 civil rights,鈥� Bondi said in a statement.

While Detroit, with almost 49,000 students, is the state鈥檚 largest district, it鈥檚 unclear whether any specific complaints triggered the investigations. Lansing, the state capital,聽declared itself last year.聽

In 2024, former state Superintendent Michael Rice honored Godfrey-Lee, a small, 1,700-student district south of Grand Rapids, for the state鈥檚 21st Century Model School Library award. He recognized media specialist Harry Coffill for including 鈥渄iverse books鈥� on the shelves.

The letters to each district ask for an extensive list of materials, dating back to 2023, that include 鈥渟lideshows, presentations, imagery, posters, signage, recordings and handouts鈥� that reference a variety of terms like “gender spectrum,” “gender expression,” “puberty blockers” and “transitioning.” 

Dhillon wants leaders to turn over any forms, notices or permission slips that demonstrate how the districts notify parents when a lesson references sex and gender. She also asked for detailed records of any complaints or questions from parents related to topics such as 鈥渜ueer culture,” “LGBTQIA+,” “Pride Month” or “drag queen.” 

note that parents should receive prior notification of sex education classes and curriculum and that they have a right to 鈥渙pt out their child from all or some鈥� of those lessons. Lansing鈥檚 related to controversial issues, for example, says schools will 鈥渉onor a written request鈥� for students to be excused 鈥渇or specified reasons.鈥澛�

State Superintendent Maleyko said the 鈥渂readth and scope鈥� of Dhillon鈥檚 requests 鈥減lace a significant administrative burden on local districts and risk diverting time and resources away from the core mission of educating students.鈥�

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