Article Summary –
Two Wisconsin LGBTQ+ advocacy groups, Fair Wisconsin and GSAFE, filed federal civil rights complaints against several school districts, accusing them of failing to comply with new Title IX rules that include gender identity under federal anti-discrimination protections. These complaints target school districts that have voted to exclude gender identity from their anti-discrimination policies, despite a federal injunction cited by some districts that exempts specific schools from enforcing these rules. The advocacy groups argue that school districts receiving federal funding are still obligated to adhere to updated federal regulations, emphasizing that compliance could be achieved if school boards voted to reinstate gender identity protections in their policies.
Two Wisconsin LGBTQ+ advocacy groups filed federal civil rights complaints against multiple state school districts in October, accusing them of non-compliance with anti-discrimination protections.
Fair Wisconsin and GSAFE announced on Oct. 9 that they had lodged complaints with the U.S. Department of Education for transgender and nonbinary students in Winneconne Community School District, Muskego-Norway Schools, Abbotsford School District, and Hartford Union High School District.
The school boards in these districts voted to exclude gender identity from Title IX anti-discrimination policies, according to Fair Wisconsin’s executive director Abigail Swetz.
Fair Wisconsin, an LGBTQ+ civil rights group, and GSAFE, an LGBTQ+ educational advocacy organization, coordinated with GLSEN, a national LGBTQ+ rights advocate in K-12 education, to file four complaints.
New Title IX rules from President Joe Biden’s administration, effective Aug. 1, specify discrimination on gender identity is covered by federal sex-based discrimination prohibitions in publicly funded education.
The complaints from Fair Wisconsin and GSAFE allege non-compliance with these rules by the districts. The filing came a month after a similar complaint against Kettle Moraine School District.
Upon announcing the Kettle Moraine complaint, Fair Wisconsin and GSAFE urged Wisconsinites to report other non-compliant school districts, potentially leading to more future complaints.
“We received tips through media, community actions, and knowing where to focus,” Swetz stated in an interview with the Wisconsin Independent.
Some districts referenced an injunction in a lawsuit by Moms for Liberty, Young America’s Foundation, and Female Athletes United, which blocked the Title IX rules’ enforcement. The injunction, by U.S. District Judge John Broomes in Kansas, applied to specific schools.
Nonetheless, Fair Wisconsin and GSAFE argue that districts must follow federal regulations despite the injunction. For instance, the Winneconne School District complaint asserts the injunction does not cover entire districts, and as recipients of federal aid, they must adhere to updated regulations.
In every case, the districts knowingly breached federal rules, claim Fair Wisconsin and GSAFE.
An Abbotsford School District attorney stated during a meeting that there’s no opt-out from federal law, emphasizing that non-compliance results from not adopting necessary policies.
Hartford Union High School District Superintendent Jeff Walters acknowledged receiving communication from Fair Wisconsin and GSAFE but not from the Department of Education as of Oct. 24, affirming the district’s commitment to supporting all students.
Administrator Ryan Bargender of Abbotsford School District noted they would reserve comments until consulting with legal counsel.
Winneconne Community School District and Muskego-Norway Schools did not respond to comment requests prior to publication.
Brian Juchems, senior director of education and training at GSAFE, told the Wisconsin Independent that despite fear and backlash, federal regulations aim to ensure student safety.
“Education professionals create learning-friendly schools, and these regulations stem from that purpose,” Juchems explained.
Swetz indicated that Fair Wisconsin and GSAFE would keep filing federal complaints as necessary.
“We’re receiving tips and monitoring many school districts,” she said. “With over 420 school districts in Wisconsin, there’s much to cover, but some districts are acting correctly, and we aim to highlight them too.”
Swetz warned that resolving complaints might be lengthy but offered school districts a straightforward resolution.
“School boards can vote to comply with federal law by reinstating gender identity in their Title IX policies. One vote can resolve it at their next meeting,” Swetz suggested.
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