Several Wisconsin school districts could be at risk of losing millions of dollars in federal funding for not fully complying with Title IX regulations that went into effect Aug. 1.
But a pending federal lawsuit attempting to block LGBTQ protections included in the new rules have school districts across the state in limbo as they wait for answers.
Title IX is a federal law that prohibits sex-based discrimination in K-12 schools and colleges and universities that receive federal funds.
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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, who have attended meetings by the dozens voicing support and outrage for the inclusion of gender identity in Title IX.
Kettle Moraine, Merton, Elmbrook, Menomonee Falls and the Winneconne school districts have either not adopted new Title IX regulations or excluded gender identity language.
During heated board meetings, school district attorneys have said they are covered by an existing state law, so they are not worried about immediately losing federal funding.
| Current law states: “No person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.“ |
Wisconsin law does not include gender identity. Winneconne’s attorney Tony Renning told school board members Aug. 19, taking out gender identity and sexual orientation from the district’s Title IX policy, could put the district at risk for losing federal Title IX funding.
But he said that would only happen if the district is sued for discrimination.
Winneconne voted 6-1 to take out gender identity from the district’s Title IX revision.
Pending litigation excludes hundreds of Wisconsin schools from Title IX updates
On July 2, a federal judge in Kansas blocked the U.S. Department of Education from implementing the new rule that interprets Title IX’s bar against discrimination “on the basis of sex” as covering gender identity in 10 other states.
U.S. District Judge John Broomes’s decision followed rulings by two other judges blocking the Biden administration from implementing its new rule.
A total of 26 Republican-led states and three conservative activist groups including Moms for Liberty, and a Christian student who objects to biological girls sharing bathrooms with transgender students or being forced to use the preferred pronouns of LGBTQ students, have sued.
On Aug. 16, the U.S. Supreme Court denied the Biden administration’s request to allow most of its Title IX rule to take effect in places where courts have issued preliminary injunctions temporarily blocking the rule.
While Wisconsin is not involved in the lawsuit, schools in the state are affected.
Broomes issued an injunction preventing enforcement of the rule in Kansas, Alaska, Utah and Wyoming as well as schools attended by children affiliated with the groups Young America’s Foundation, Female Athletes United and Moms for Liberty.
In Wisconsin, hundreds of schools include students who are affiliated with those groups, meaning school districts could make changes to Title IX, that would apply to some, but not all of their schools.
For example, the Kenosha Unified School District has 43 schools. Moms for Liberty has three Kenosha schools listed that the group is affiliated with.
Chris Thompson, chief strategy officer of Elmbrook Schools said the school board, in consultation with legal counsel, paused Title IX policy changes until litigation related to the new regulations is resolved.
“While we have already begun to educate our leadership team on the new regulations, we have made it clear that we are still operating under the 2020 regulations until further notice,” Thompson said. “At this time, we do not believe our decision to pause adoption of the new regulations will jeopardize federal funding.”
In July, the Kettle Moraine School District also discussed not taking action on Title IX until legal challenges are complete.
But several board members said they “stand by girls.”
“Trans women are not women,” said Amy Richards, a member of the board. “As a woman, I am offended by the idea that they know what it is to be a woman if they are not a woman. I will protect our girls and boys. That is what the community wants.”
Title IX decision playing out in Oshkosh School District
Earlier this month, the Oshkosh School District spent hours discussing the future of its Title IX regulations.
In July, the Oshkosh school board voted 3-3 not to adopt the new regulations.
On Aug. 14, district attorney Mark Kapocious explained not being in full compliance could result in the district losing $5.5 million in federal funding. That’s about 8 to 9 percent of the district’s revenue.
But like the Winneconne school district, Kapocious said Oshkosh shouldn’t be worried unless someone sues the district.
Members of Winnebago County’s Moms for Liberty and Oshkosh Pride spoke.
“The old Title IX was two paragraphs, and it was meant to protect girls and women in sports and education,” said Laura Ackermann, chapter chair of Moms for Liberty. “What the risk is with the new policy is it does potentially, in some instances, put the transgender student above the girls.”
Kora Novy, the director of Oshkosh Pride, said the school board should not get to impose their religious beliefs on the community.
“If you feel it should only be a man and a woman, awesome, good. You get to believe that,” Novy said. “But you don’t get to impose those beliefs on anyone else. That’s actually what religious liberty is.”
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