DOJ investigating 3 Michigan school districts over sexual orientation and gender ideology instruction

On Wednesday, the U.S. Department of Justice announced a new investigation into three Michigan school districts to determine if they have added "sexual orientation and gender ideology" content in any of their classes without giving parents the option to opt their kids out. 

Assistant Attorney General Harmeet Dhillion sent letters to superintendents at the Detroit Public Schools Community District, Godfrey-Lee Public Schools and Lansing School District, saying the DOJ will determine if the districts violated Title IX.

"This 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," Dhillon said in a statement. "Supreme Court precedent is clear: parents have the right to direct the religious upbringing of their children, which includes exempting them from ideological instruction which conflicts with their families' sincerely held religious beliefs. And Title IX demands that we guard the safety, dignity, and innocence of our youngest citizens—our children—by ensuring that they have unfettered access to bathrooms and locker rooms of their biological sex."  

Jay Kaplan, staff attorney with the ACLU Michigan LGBTQ+ Project, said, "This is definitely an issue that relates to the ability of school districts in Michigan to provide safe and supportive learning environments for all students."

According to Michigan law, local school boards set the health curriculum, with input from local sex education advisory boards. Parents then reserve the right to decide whether their children participate or not.

Kaplan says each district is expected to comply with our state's civil rights laws, regardless of any potential mandates at the federal level.

"We urge school districts to stay the course, to continue having curriculums that recognize the diversity of their population of this world and that they continue to do the right thing," said Kaplan.

CBS News Detroit reached out to the Detroit Public Schools Community District, and a spokesperson said that because the district is out on winter break, they need time to review the document with their legal team before making any comment.

Godfrey-Lee Public Schools Superintendent Arnetta Thompson says the district is "fully cooperating with this inquiry and will provide any requested information."

"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," Thompson said in an emailed statement to CBS News Detroit.

CBS News Detroit also reached out to the Lansing School District for comment and is waiting to hear back.

Michigan Department of Education State Superintendent Glenn Maleyko said the department "supports all students and supports the school districts that have been targeted."

"If we want to put Students First and make sure children can learn, we need all students to be healthy and safe and feel 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," Maleyko said in a statement.

Maleyko's full statement below:

"The Michigan Department of Education strongly supports all students and supports the school districts that have been targeted by the U.S. Department of Justice.   

"If we want to put Students First and make sure children can learn, we need all students to be healthy and safe and feel 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.  

"As required by state law, MCL 380.1507, local school boards set health curriculum with input from local sex education advisory boards. Local control remains in place. Parents retain the right to decide whether their children should participate in sex education instruction. 

"The Michigan Department of Education strongly supports and will work closely with the three districts' efforts to select a curriculum that best supports the needs of their students, consistent with state standards and guidelines. We remain committed to protecting the rights of all students and to upholding Michigan's constitutional guarantee of access to a free public education for every child." 

"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."