The Progress Pride Flag flies over the Wisconsin Capitol. (Henry Redman | Wisconsin Examiner)
Two Wisconsin LGBTQ+ advocacy organizations filed a joint federal complaint against Kettle Moraine School District on Monday on behalf of transgender and nonbinary students, alleging that the school board has created a hostile environment in violation of Title IX regulations.
“Creating a hostile environment for trans and nonbinary kids creates a hostile environment for every kid. Our children are watching, and when elected school board members weaponize the identity of some of our most vulnerable children, we must take action to stop them,” Executive Director of FAIR Wisconsin Abigail Swetz said in a statement. “We must show the children of Wisconsin — our trans and nonbinary kids and all of their peers — that we are ready to protect their rights and ensure their safety.”
The joint complaint by FAIR Wisconsin and GSAFE, an organization addressing LGBTQ+ inclusion in education, was filed with the Office for Civil Rights at the United States Department of Education.
Title IX is a federal law that prohibits discrimination based on sex in K-12 schools as well as colleges and universities that receive federal funding. New rules passed by the Biden administration in April extended federal protections for LGBTQ students.
While the new rule went into effect in August, it has been challenged by 26 states, all of which have Republican attorneys general, and by three conservative groups — Moms for Liberty, Young America’s Foundation and Female Athletes United. The U.S. Supreme Court also denied an emergency request from the Department of Justice on Aug. 16 to enforce updates to the federal rule.
The rules are not being challenged by Wisconsin. In July, however, a U.S. District Court judge in Kansas issued a preliminary injunction against the rule, and directed Young America’s Foundation, Female Athletes United and Moms for Liberty to turn over a list of schools attended by students affiliated with the groups.
The FAIR Wisconsin and GSAFE complaint argues that as of Aug. 28, four of 11 schools in the Kettle Moraine School District are included in the list from the Kansas case, so only those schools are subject to the judge’s order.
“The majority of schools in the Kettle Moraine School District are not subject to the injunction, thus the Kettle Moraine School District must implement the updated Title IX regulations in those schools,” FAIR Wisconsin and GSAFE said in a statement.
Fair WI_GSAFE Title IX Complaint (1) The groups expressed concern that the district is “balking” at compliance where the updated Title IX regulations are legally enforceable and in turn “exacerbating an already hostile learning environment for transgender students, educators, staff and families in the community fostered by public statements and the ongoing indifference of members of the School Board to repeated concerns raised by the community.”
The complaint cited comments made by board members at a meeting in July that signaled they wanted to wait to implement any new changes and that “contributed to a hostile environment.”
“Trans women are not women. As a woman, I’m offended by the idea that anyone thinks they know what it is to be a woman if they are not a woman. I will protect our girls and boys as much as I can in this position. That is what the community wants.” Amy Richards, a member of the board, said at the July school board meeting .
The complaint states that while the comments aren’t an official board action, they still send a “chilling message” to transgender members of the community.
The complaint urges the agency to investigate Kettle Moraine for its compliance with the “federal law, secure assurances of compliance with the updated Title IX regulations from the District where the rule is legally enforceable, and take all steps necessary to remedy any unlawful conduct identified in its investigation or otherwise by the District, as required by Title IX.”
Swetz said in the statement that the organization would be watching for other school districts that are making anti-trans statements during board meetings, refusing to act on discrimination and casting votes against Title IX and the inclusion of protections based on gender identity, and “will file more complaints on behalf of the students in those districts.”
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