LGBTQ+ groups plan to file federal complaint against another Wisconsin school district

Two Wisconsin LGBTQ+ advocacy groups are planning to file a federal civil rights complaint against another Wisconsin school district over this district’s recent shift to more restrictive policies for transgender students. 

Fair Wisconsin Executive Director Abigail Swetz recently told WPR’s “Wisconsin Today” that her group and GSAFE planned to file a civil rights complaint against the Watertown Unified School District over its recent “Gender Support Plan.” 

Since September, Fair Wisconsin and GSAFE have filed complaints with the U.S. Department of Education’s Office for Civil Rights against the following school districts: 

• Kettle Moraine School District
• Winneconne Community School District
• Muskego-Norway Schools
• The School District of Abbotsford
• Hartford Union High School District
• The School District of Waukesha

Last month during a highly attended meeting, the school board for Watertown’s district adopted a new plan that says parents or guardians must give consent before students who are minors may identify with a pronoun or name that is different from their birth certificate. The plan says school staff “shall not be compelled” to go in accordance with student preferences, even if parents agree. 

The plan also requires students to use the restrooms, locker rooms and other facilities on district property consistent with their biological sex, and for students to play sports and other activities along those same lines. 

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.

Swetz said filing a complaint against Watertown’s district “will take time.” 

“But there is a more immediate remedy,” she said. “And that is for the school board to take another vote and reinstate the previous policy.” 

Watertown Superintendent Jarred Burke told “Wisconsin Today” the school board “recognizes that this topic is and has been a challenge for schools to navigate for some time.” Burke pointed to an amendment to the policy that says staff are not required to violate the law. 

“The intent of the amendment is to address the ever-changing nature of the law, court decisions, executive orders and the like that may give our administrative process a pause as we work with each family,” Burke said. “As the law continues to develop in this area, we will navigate each student’s individualized plan appropriately and accordingly.”

In a previous WPR story about the district’s gender plan, School Board President David Schroeder said, “My goal is to protect the district and to protect the kids.” 

Brian Juchems, GSAFE senior director of education and policy, told “Wisconsin Today” that some Wisconsin districts are creating hostile environments for students. He said these district boards, including in Watertown, have enacted policies while being warned of potential legal ramifications. 

Juchems said Watertown’s decision to ban transgender kids from using bathrooms that align with their gender identity was “very blatant discrimination.”

Additionally, Swetz said consistent affirmation for transgender students — using their preferred pronouns and name — is significant for their mental health and wellbeing. 

“That includes school. That includes home. That includes the community,” she said. “All of us can play a part in affirming the young people in our lives and respecting the identities that they present us with.”