4 more federal complaints filed against Wisconsin schools districts for failing to implement new Title IX rules

Last month, when two Wisconsin LGBTQ+ advocacy groups filed a federal complaint against a school district for allegedly violating new Title IX regulations, they said there could be more to come. 

Four more complaints were filed Tuesday by Fair Wisconsin and GSAFE, alleging “hostile environments by school boards” on behalf of transgender and nonbinary students in Winneconne Community School District, Muskego-Norway Schools, the School District of Abbotsford and Hartford Union High School District. 

“We said we would file more complaints if we needed to. We are doing exactly that,” said Tyrone Creech, Jr., executive director of GSAFE. “And we will keep filing complaints to support trans and nonbinary students and their families until these anti-trans actions stop.” 

The complaints were filed with the United States Department of Education Office of Civil Rights. The groups filed their first complaint against the Kettle Moraine School District on Sept. 9.

“Each of these school boards have taken votes to eliminate or exclude gender identity from the anti-discrimination policies detailing Title IX protections in their districts,” said Abigail Swetz, executive director of Fair Wisconsin. “By doing this, these school boards are sending the message that trans and nonbinary students are not worthy of protection.”

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

New regulations passed in April by the U.S. Department of Education include gender identity and sexual presentation in the definition of sex-based discrimination. That provision has been a sticking point for many school boards and parents, with dozens of guardians in some districts attending meetings to voice support for or outrage over the inclusion of gender identity in Title IX.

Updating district policies has also been complicated by lawsuits filed in other states with the goal of blocking the changes to how sex discrimination is defined under Title IX.

The new Title IX rules have been subject to a number of lawsuits, brought forth by 26 Republican-led states and three conservative activist groups including Moms for Liberty.

On Aug. 16, the U.S. Supreme Court ruled the Biden administration could not enforce portions of a new rule that includes protections from discrimination for transgender students under Title IX while legal proceedings continue.

Wisconsin is not involved in any Title IX lawsuits, but Moms for Liberty is. That means schools with students affiliated with Moms for Liberty don’t have to abide by new regulations. 

School districts — including Kettle Moraine, Winneconne Community School District, Muskego-Norway Schools, the School District of Abbotsford and Hartford Union High School District — have used this as an argument as to why they haven’t included the new language in Title IX rules. 

In the complaints filed this week, Fair Wisconsin and GSAFE acknowledge the evolving legal landscape as the federal courts consider challenges to the rule. But said the out-of-state litigation doesn’t excuse non-compliance where the rule is legally enforceable. 

For example, the Muskego-Norway school district has six schools. As of Sept. 13, four of those schools were included on the list of schools that serve students associated with Moms for Liberty. 

But Fair Wisconsin and GSAFE argue the other two should implement Title IX regulations. 

“Since school districts are legally separate entities that still receive federal financial assistance and their actions shape the learning environment of schools, the district is still required to adhere to federal regulations,” the complaint states. 

Representatives from the two of the four school districts did not respond to requests for comment. 

Ryan Bargender, district administrator in Abbotsford, and Margaret Larson, district administrator in Winneconne, both said they were advised by their attorneys not to comment.

Since the Title IX debate started, new Moms for Liberty chapters have launched. The group has thrown its support behind conservative candidates and says its mission is to unify, educate and empower “parents to defend their parental rights at all levels of government.” On Sept. 16, Waukesha County started a chapter. 

Tiffany Justice, Moms for Liberty co-founder, and Kim Hermann, executive director of the Southeastern Legal Foundation, said encouraged parents to set up a profile with the organization.

“We will not stop fighting to ensure that children are protected from the Biden Administration’s overreach in regards to changing Title IX,” they said.

Swetz with Fair Wisconsin said parents rights is also about protecting children who are trans and nonbinary. 

“I’m seeing these parents who are scared for their kids asking school boards to take action, and seeing school boards not only respond by doing nothing, but respond by making discriminatory statements or votes against Title IX and injecting kids into a culture war,” Swetz said. “Wars have casualties, and I’m tired of people playing political games with children.”