DOJ Investigates Illinois School Districts for Violating Parental Rights With LGBT Content
The Department of Justice’s Civil Rights Division announced it was investigating whether Illinois schools are teaching students “sexual orientation and gender ideology (SOGI) content” – and whether they are notifying parents of their right to opt their children out of this instruction.
According to a press release, the DOJ will be investigating 36 school districts across the state. The Civil Rights Division added:
The investigation will also assess whether the Illinois School Districts limit access to single-sex intimate spaces (such as bathrooms and locker rooms) and girls sports teams based on biological sex.
Assistant Attorney General Harmeet K. Dhillon detailed the need for the investigation, saying:
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.
Supreme Court precedent leaves no doubt: parents have the fundamental right and primary authority to direct the care, upbringing, and education of their children. This includes exempting their children from ideological instruction that contradicts their values or decisions about their children’s health and best interests.
The DOJ statement said Illinois schools might be violating Title IX requirements as well as two recent Supreme Court decisions that affirm parental rights: Mahmoud v. Taylor (June 2025) and Mirabelli v. Bonta (March 2026). The department noted Illinois schools receive “hundreds of thousands of dollars of taxpayer funding.”
Title IX is a federal civil rights law that prohibits sex discrimination in education programs and activities receiving federal financial assistance. It was intended to provide equal opportunities for girls and women in education, but schools have violated the law by allowing boys into girls sports, restrooms and locker rooms.
Mahmoud v. Taylor involved a case where young children in Maryland were required to read LGBT books without their parents’ knowledge or consent. In a 6-3 ruling, the Court held schools can’t force children to participate in LGBT classroom material without offering parents the right to opt out based on sincerely held religious beliefs.
In Mirabelli, the Court ruled against California policies that required schools to hide information about a child’s sexual identity confusion. Pointing to previous decisions, the Court made clear:
The right protected by these precedents includes the right not to be shut out of participation in decisions regarding their children’s mental health.
Because of Illinois state agency requirements and state laws, it’s most likely that all these districts are violating Title IX and the two Supreme Court decisions.
The Illinois High School Association, for example, has allowed “transgender athletes” – boys who claim to be girls – to play in girls sports since 2011. The state’s Human Rights Commission ruled in 2019 that public schools must allow “transgender” students access to the restrooms and locker rooms that matched their “gender identity.”
The Illinois Board of Education issued “best practices” for “Supporting Transgender, Nonbinary and Gender Nonconforming Students” that follow that directive. The guidance also tells schools to follow a student’s lead with name and pronoun changes, including whether or not to tell parents.
As far as classroom instruction, Illinois Governor J.B. Pritzker signed SB 246 into law in 2019, requiring public schools to teach “the roles and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this state.”
The law directed schools to teach students “LGBT” history by eighth grade, and students must“demonstrate evidence of having a comprehensive knowledge thereof” in order to graduate from eighth grade.
This may be difficult for Illinois students to demonstrate when just over half are proficient in reading – and that achievement came only after the state lowered test standards. But it seems teaching gay and transgender ideology is more important than basic skills.
Since teaching about L-, G-, B- or T-identified people is a state-wide history curriculum mandate, it’s unlikely that any Illinois schools notify parents about this subject matter.
Six other states also mandate inclusion of LGBT ideology in social studies: California, Colorado, Illinois, Nevada, New Jersey, Oregon and Washington.
If your child’s school or school district has violated your parental rights, you can file a complaint with the Education Department’s Office of Civil Rights.
America First Legal released an updated parental opt-out templatefollowing the recent Supreme Court decisions in Mahmoud and Mirabelli.
Related articles and resources:
Back to School with LGBT Social Studies
Barrett v. Kagan: Key Takeaways From Supreme Court Ruling on ‘Transgender’ School Policies
Exclusive Interview: Colorado Parents Expose ‘Gender Cult’ at Public School in New Documentary
Montgomery County Must Pay $1.5 Million to Religious Parents After Supreme Court Ruling
Supreme Court Affirms Parents’ Rights Over California’s ‘Transgender’ School Policies
Supreme Court Defends Religious Freedom, Parental Rights Over ‘LGBT’ Curriculum
What’s Your School District’s ‘Transgender’ Policy?
If you’re concerned about what your child is being taught in school, check out this updated, free resource from Focus on the Family and Family Policy Alliance: Equipping Parents for Back-to-School.
We want parents to feel confident and equipped to manage issues affecting public – and private and online – schooling. The FREE downloadable resourcehelps you be aware of what’s going on in your child’s classroom and offers guidance for how to advocate for your child in the school year ahead.
