US Department of Justice investigates gender identity lessons, parental opt-out rights in 36 Illinois districts

The U.S. Department of Justice has launched an investigation into 36 Illinois school districts, one of its largest efforts to examine the K-12 system under the current administration. According to an official press release, the investigation will examine whether districts included sexual orientation and gender identity content in pre-K through grade 12 classrooms. If such materials are used, authorities will review whether parents were informed of their children’s right to opt out of these lessons.

Scope of Inquiry

The Justice Department said the investigation will review:

Unlike earlier cases brought by the U.S. Department of Education, this investigation was initiated directly by the Department of Justice.

Federal Position and Statement

Assistant Attorney General Harmeet Dhillon said the department is focusing on parental awareness and school policies. “This Justice Department is committed to cracking down on local school officials who keep parents in the dark about how sexuality and gender ideology is being pushed into classrooms,” Dhillon said in an April 30 statement. He added that Supreme Court precedent affirms parental authority over children’s education, including decisions on classroom content.

Legal context

The investigation follows recent U.S. Supreme Court decisions, including:

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

Districts and earlier tests

The list of 36 districts under investigation does not include Chicago Public Schools. Chicago Public Schools was previously investigated by the Department of Education’s Office for Civil Rights for programs addressing outcomes for black students under Title VI. The Illinois State Board of Education also launched separate Title IX investigations into transgender students’ access to girls’ facilities at Chicago Public Schools and Deerfield Public Schools.

History of Civil Rights Implementation

Report issued by Bernie Sanders It found that the Education Department’s Office for Civil Rights resolved about 1% of cases in 2025. The report states that there were no agreements to resolve in key categories, including:

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