What we know — and don’t know— about Justice Department’s O’Fallon schools probe

Questions still remain weeks after the U.S. Department of Justice announced it is investigating two O’Fallon school districts over possible sexual orientation and “gender ideology” teachings and accommodations for transgender students.

O’Fallon 90 and Central 104 are among 35 school districts in Illinois to be included in the federal investigation, which the state’s top Democrats have criticized as a “sham” and an attack on LGBTQ+ students.

The two metro-east districts received nearly identical letters from the Justice Department about what it called a “compliance review” on April 30, the same day the department announced the probe in a news release.

The documents, which the BND obtained through public records requests, provide some details about the investigation. The biggest unanswered question is why these districts in particular are being investigated.

The Justice Department has not given a reason, but a theory has emerged among school leaders.

Here is a look at what is known — and not known — about the investigation so far:

What is the DOJ investigating?

Based on the Department of Justice’s news release and the letters sent to Districts 90 and 104, the probe will examine:

• If there are sexuality and gender-related topics in classes other than health and sex education classes. The department has said it is looking for content on sexual orientation, gender diversity, gender identity, gender inclusion and gender expression.
• If there are activities, programs and policies that relate to sexuality and gender.
• If parents were made aware of their right to opt their children out of that instruction.
• If schools limit access to bathrooms, locker rooms and other “single-sex intimate spaces” based on biological sex.
• If schools limit girls sports team participation based on biological sex.

The Justice Department said the schools could be violating Title IX of the Education Amendments of 1972 — which prohibits sex discrimination in educational programs that receive federal funding — and recent case law surrounding parental rights.

If the department finds the schools do not comply with Title IX, federal funding could be at stake, according to its letters to the O’Fallon districts.

The letters say the Justice Department will work with districts it determines are not in compliance “to resolve the failure by informal voluntary means.” But the department can also end, pause or refuse to grant federal financial assistance to the districts or take civil action, the letter adds.

Two recent Supreme Court decisions are cited in the department’s news release and letters to the school districts: Mahmoud v. Taylor and Mirabelli v. Bonta. The first said parents have a right to opt their children out of lessons that contradict their religious beliefs. The second said parents have a right to know if their child wants to go by a different name or pronouns at school.

“Supreme Court precedent leaves no doubt: parents have the fundamental right and primary authority to direct the care, upbringing and education of their children,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said in the news release.

The letters also state the department will assess whether schools are following Trump’s executive orders asserting there are only two sexes, that people cannot change their gender and that transgender students cannot play girls sports.

When the investigation began, O’Fallon 90 Superintendent Carrie Hruby and Central 104 Superintendent Gabrielle Rodriguez issued identical statements to the BND saying they would cooperate with the Justice Department’s review.

Why are O’Fallon schools under investigation?

The reason these specific school districts are under investigation remains unclear.

Rodriguez said many of the 35 districts’ leaders theorize the common thread is that they all received federal School Violence Prevention Program grants from the Justice Department’s Office of Community Oriented Policing Services, or COPS.

The Department of Justice has not confirmed the theory’s accuracy to the BND.

In response to multiple inquiries, the department has declined to answer specific questions, instead referring the BND back to its initial news release.

All the public school districts under investigation have been awarded these grants in either 2023, 2024 or 2025, according to a BND review of COPS records.

One exception is Noble Schools, a charter school network in Chicago that is also under investigation. It was not listed as an awardee between 2023 and 2025.

And three COPS awardees from that time period are not on the list of districts under investigation.

How are O’Fallon schools using their COPS grants?

Central 104 received $262,500 under the federal grant program in 2023, and O’Fallon 90 received $500,000 in 2025.

Rodriguez said Central 104 used the money to install security cameras and fob systems on school doors.

Hruby said O’Fallon 90 is in the process of installing security cameras and upgrading door locks and hardware using its COPS grant. She expects to receive the funds as a reimbursement when the projects are completed.

What are Illinois elected officials saying?

Gov. J.B. Pritzker called the probe a “sham investigation” in a statement to the Chicago Tribune.

“The Trump Administration continues to punish states the President does not like and this is yet another sham investigation carried out by an office with no regard for the rule of law or the well-being of the American people,” Pritzker said in the statement. “The Civil Rights Division used to investigate actual discrimination concerns to ensure all individuals are treated equally under the law, but they’re now focused on belittling the rights and humanity of LGBTQ+ communities.”

U.S. Sen. Dick Durbin, D-Illinois, echoed the governor’s sentiments in his own statement.

“If the Trump Administration truly cared about supporting Illinois students and their education, it would reverse the decision to dismantle the Department of Education, finally support Head Start programs, and stop attacking Title IX funding and the rights of LGBTQ+ students,” Durbin said in the statement.

U.S. Rep. Nikki Budzinski, D-Springfield, whose district includes a portion of O’Fallon, issued a statement saying she has “serious concerns” about the investigation.

“My office has been in contact with several of the impacted schools in my district to gather additional information, and we will continue working alongside them to ensure these allegations are fully addressed and ultimately dismissed,” Budzinski said in the statement. “At the same time, I have serious concerns about the nature of this investigation and the motivations behind it.

“Following the President’s previous efforts to weaken the Department of Education, I worry this may represent another attempt to weaponize the Department of Justice in ways that erode public trust in our institutions and unfairly target the dedicated educators who work every day to support our students and communities.”

U.S. Rep Mike Bost, R-Murphysboro, whose district also includes a portion of O’Fallon, did not respond to requests for comment. U.S. Sen. Tammy Duckworth, D-Illinois, declined to comment.