Darby Kaikkonen has sued the Office of Superintendent of Public Instruction and Superintendent Chris Reykdal, alleging retaliation and wrongful termination

Jake Goldstein-Street
Washington State Standard

A former director at Washington state’s schools agency alleges the state superintendent fired her after she voted as a local school board member in support of barring trans girls from competing in girls’ sports. 

Darby Kaikkonen filed suit last week against the state Office of Superintendent of Public Instruction and Superintendent Chris Reykdal in U.S. District Court in Tacoma. She says Reykdal retaliated against her.

“OSPI fired a high-performing employee, a military spouse, for exercising the rights and responsibilities of an elected official in standing up for women and girls, a viewpoint which the state superintendent disagrees with,” Kaikkonen said in a statement.

A spokesperson for Reykdal’s office confirmed Kaikkonen stopped working there in March, but declined to comment further, citing personnel matters and the litigation. The state hasn’t responded to the allegations in court, as of Wednesday.

Kaikkonen was the agency’s director of student information before her termination in mid-March, according to the lawsuit. She had been there since December 2021. Before that, she worked for a decade at the Washington State Board for Community and Technical Colleges, including half-a-dozen years as the policy research director, according to her LinkedIn.

She also serves as president of the Tumwater school board, where she has been a member since 2019.

Tumwater, south of Olympia, has found itself near the center of the growing tensions between local, state and federal officials over how to handle transgender athletes in school sports. It’s one of several districts bucking Reykdal’s mandate to support trans students competing in the division that fits their gender identity. 

In March, the Trump administration’s Department of Education launched an investigation into Tumwater School District over allowing a transgender athlete from an opposing team to compete in a girls’ high school basketball game. The investigation appears to still be ongoing, a district spokesperson said Tuesday.

President Donald Trump has sought to ban transgender athletes from participating in girls’ and women’s sports through executive order by, in part, withholding federal funding for districts that “deprive women and girls of fair athletic opportunities.” 

Some local school officials say they’re in a bind: Either comply with state law and jeopardize federal funding, or follow Trump and risk punishment from the state. This week, California sued the Trump administration over threats to withhold funding tied to trans athlete participation.

Reykdal’s office faces a federal probe of its own into its clash with a Clark County school district over the district’s gender inclusion policy. Kaikkonen’s work focused on reporting data for compliance with federal education policy, according to her lawsuit.

The vote and backlash

The week before the Trump administration opened its inquiry into Tumwater, the school board took up the matter of trans athletes. 

At the time, the Washington Interscholastic Activities Association was considering two proposals related to trans athletes. The association sets policy for school sports in the state.

One of the proposals would have barred trans girls from participating in girls’ sports. Another would have created a separate division where trans athletes can compete.

On Feb. 27, the Tumwater board, including Kaikkonen, voted in support of those rule changes. The audience watching the meeting in person responded with boos. In April, the interscholastic association voted down the proposed changes.

In a later meeting, Kaikkonen explained her vote. A former competitive swimmer, she said the issue “pits one historically marginalized group against another,” transgender people and women. She said she “fully supports” the transgender community. 

“I see myself in this issue, and most importantly, I see girls who are currently living it and the complexity of what they’re trying to work through,” Kaikkonen said. “This is an impossible situation. These girls are faced with the same challenges that we all are, and that they can’t possibly stand up for themselves and share their voice and what they think is right without being accused of bigotry.”

“You want to know why the voice for girls is quiet, and why so few people speak publicly about it?” Kaikkonen continued. “It’s fear.”

At the time, a spokesperson for Reykdal said his office was “closely monitoring” the Tumwater school board’s actions, and floated a “possible formal investigation.”

A petition to recall Kaikkonen and other board members received over 1,500 signatures.

A week after the vote, she was placed on administrative leave from her job at the state, with no reason given, according to the lawsuit. 

Less than two weeks later, in a March 19 call with the office’s chief of staff, Tennille Jeffries-Simmons, she was fired, the complaint alleges. Officials didn’t explain why, according to the lawsuit, which says she never faced disciplinary action at the agency.

Kaikkonen was reportedly expecting to go on leave due to an upcoming deployment to the Middle East for her Army reservist spouse. 

“The termination came at a time when OSPI knew the financial and emotional hardship this punitive action would cause,” the lawsuit reads. “As a result of her termination, Plaintiff has lost an annual salary of approximately $137,000, including valuable health and retirement benefits. She has experienced reputational damage, anxiety, humiliation, and disruption to her family life.” 

The lawsuit alleges retaliation and wrongful termination. Kaikkonen seeks monetary damages to be determined at trial. 

Kaikkonen’s term on the Tumwater school board ends this year. She didn’t file to run for re-election.

This report was first published by the Washington State Standard.