Federal complaint filed against Waukesha School District after ‘gender’ removed from policies

Two Wisconsin LGBTQ+ advocacy groups filed a federal civil rights complaint against the School District of Waukesha, alleging officials there are fostering a hostile environment by violating Title IX.

Fair Wisconsin and GSAFE filed the complaint Friday with the Office for Civil Rights and the United States Department of Education. 

On Sept. 9, the Waukesha School Board’s policy and government relations committee updated several policies, removing the word “gender” and replacing it with “sex.” During that meeting, the board voted unanimously in favor of the changes with no discussion.

Superintendent James Sebert told board members the language change would make policies consistent across the district, with state law and with the intent of the school board’s “Parental Rights and Transparency Resolution,” passed in 2023.  

That resolution lists 12 parental rights, including that students’ pronouns must be consistent with their sex at birth.

Brian Juchems, senior director of education and policy at GSAFE, said the votes to strip gender identity from district policies, including Title IX, are the latest in a “lengthy string of anti-LGBTQ+ actions taken by the school board in collaboration with the district superintendent in the School District of Waukesha.”

School District of Waukesha officials released a statement saying, “We have not received an official complaint of this nature. If and when we do, we will assess its merits and determine appropriate next steps.” 

District officials did not answer further questions. 

This is the latest federal civil rights complaint the groups have filed against a Wisconsin school district related to alleged violations against LGBTQ+ students since September. 

Their first complaint against the Kettle Moraine School District on Sept. 9 is now being investigated by the U.S. Office of Civil Rights. 

Fair Wisconsin and GSAFE have also filed complaints on behalf of transgender and nonbinary students in the Winneconne Community School District, Muskego-Norway Schools, the School District of Abbotsford and Hartford Union High School District.

Title IX prohibits discrimination on the basis of sex, including discrimination on the basis of gender identity, in all education programs that receive funding from the federal government.

Abigail Swetz, executive director of Fair Wisconsin, said the open investigation on the Kettle Moraine complaint is of “a shared commitment to districts implementing nondiscrimination and harassment policies that are explicit in their inclusion of protections for gender identity.” 

Still, Wisconsin school districts continue to make changes that are more restrictive for transgender students. 

Last week, the Watertown Unified School District approved a “Gender Support Plan,” saying students have to use the restrooms, locker rooms and other facilities on district property consistent with their biological sex. And even if a parent has given consent for their child to go by a different name, the school does not have to comply.

President-elect Donald Trump campaigned on “driving out transgender insanity,” and vowed to give parents new rights to monitor their children’s education. 

In Congress, a vote is expected on the GOP “parents’ bill of rights.” A version was already passed in the House last year requiring that schools inform parents they have the right to review curriculums and that elementary and middle school teachers must obtain parental agreement before changing a student’s name or pronouns. 

 Swetz said with the upcoming change in administration, GSAFE and Fair Wisconsin continue to be asked whether they will continue their work. 

“The answer is a resounding yes,” she said. “LGBTQ+ students and staff have civil rights, no matter who occupies the White House, and our organizations are here to make sure those rights are respected.”