Several conservative groups have filed a federal complaint against Milwaukee Public Schools alleging a “secret gender transition” policy violates laws being enforced by the Trump administration.
The Wisconsin Institute for Law & Liberty, Alliance Defending Freedom and Parents Defending Education filed the complaint with the U.S. Department of Education and the U.S Department of Justice on April 2.
The groups allege MPS is violating the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
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MPS officials did not immediately respond to comment.
The Wisconsin Institute for Law and Liberty is urging the Department of Education to open an investigation into MPS’ violation of federal law and to revoke federal funding for the district.
About 16 percent of the $1.5 billion MPS budget comes from federal grants.
WILL is also asking the department to require MPS to notify parents of any student with a gender support plan.
The district’s 32-page Gender, Identity and Inclusion policy is on its website.
The policy, updated in 2023, was created to provide information to ensure the protection, equity and advocacy of students and staff with regard to gender inclusion, according to the document.
“The topic of gender inclusion is continuously evolving,” the policy states. “This handbook is based on best practices and will be updated as guidance continues to be shared by the courts and government agencies.”
But according to the complaint, this policy is now in violation of the law by circumventing the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
Both rules give parents rights to their children’s education records.
Nicole Neily, president of Parents Defending Education, said the MPS gender policy is deliberately withholding identity information from families.
“For years, our tax dollars have been weaponized against us by school officials who undermined the parent-child relationship and interfered with our ability to direct the care and upbringing of loved ones,” Neily said in a statement.
On Jan. 29, President Donald Trump issued an executive order entitled, “Ending Radical Indoctrination in K-12 Schooling,” directing the Department of Education to develop a plan within 90 days to prioritize enforcement of parental rights.
On Thursday, Trump went further, threatening to withhold federal funding from public schools unless state education officials verified the elimination of all programs that it said unfairly promoted diversity, equity and inclusion.
Abigail Swetz, executive director of Fair Wisconsin, said using a federal civil rights complaint process to attack public education is a “gross corruption of the process.”
“Of course, the recent guidance from Secretary McMahon encourages complaints of this nature, so I guess I’m not surprised these ultra-conservative groups have taken up Trump’s anti-civil rights directive targeting our trans friends and neighbors,” Swetz said. “But I’m still disappointed that anyone would target some of our most vulnerable students like this.”
Luke Berg, WILL deputy counsel, said parents have the right to raise their own children.
“Federal law recognizes the parental role, yet school districts around the country have been flouting parental rights,” Berg said in a statement. “With a new administration that supports parents, we hope that these secret transition policies can be eliminated once and for all.”
Brian Juchems, senior director of education and policy at GSAFE, said the gender policy MPS has is centered on helping students and families navigate frightening and high-consequence conversations.
“Schools can play a pivotal roll in helping families be prepared and supportive to their kids when they come out to them,” Juchems said.
