The debate over transgender students’ rights has reached a boiling point in Wisconsin, with parents and activists clashing over new Title IX rules that prohibit school districts from banning students from using bathrooms based on their gender identity.
In Oshkosh, the Area Board of Education recently voted 3-3 not to adopt the Biden administration’s updated Title IX regulations, which broaden the federal civil rights law to prohibit discrimination based on sexual orientation and gender identity in public education.
This decision sparked a heated debate at a school board meeting, with community members arguing that the district risks losing federal funding if it doesn’t comply.
Kora Novy, director of Oshkosh Pride, urged the board to take the issue seriously, questioning why they were hesitant to adopt the new regulations.
Laura Ackman, the chapter chair for Moms for Liberty Winnebago County, called for a deeper discussion about the 1,500-page policy changes.
Similar battles are playing out across the state. In Superior, the school board upheld a decision to teach gender identity to fifth-grade students, despite a complaint from around 30 parents who argued the lesson plan is not age-appropriate and lacks scientific balance.
District Administrator Amy Starzecki defended the decision, stating that the lesson is important for ensuring an inclusive setting free from harassment and bullying.
The legal landscape is also shifting. In July, a federal judge ordered the Mukwonago school district to allow an 11-year-old transgender student to use the girls’ bathroom, ruling that prohibiting transgender students from using bathrooms aligned with their gender identity violates Title IX.
However, some parents and conservative lawmakers are pushing back with lawsuits and legislation. Five states and advocacy groups have filed lawsuits against the Biden administration’s new Title IX regulations, arguing that they clash with state laws barring transgender students from using bathrooms that align with their gender identities.
As the debate rages on, Wisconsin has become a key battleground in the national culture war over LGBTQ+ rights in schools. With emotions running high on both sides, it remains to be seen how these battles will play out in the courtrooms and school board meetings across the state.
Compliance Requirements
Wisconsin school districts are required to update their policies to align with the new Title IX regulations. This includes ensuring that policies regarding discrimination based on sex are comprehensive and include provisions for accommodating transgender and gender nonconforming students. Failure to adopt such policies could lead to investigations by the U.S. Office for Civil Rights (OCR), which may require districts to come into compliance, conduct training, and possibly face extended monitoring.
Potential Loss of Federal Funding
While some school boards have expressed concerns about losing federal funding if they do not adopt the new regulations, legal experts suggest that the risk may be overstated. Currently, Wisconsin is not under any federal court injunctions that would prevent the enforcement of these regulations.
Therefore, districts that choose not to comply could still face scrutiny from the OCR, but they may not immediately lose federal funding. However, the possibility of legal action from individuals or groups challenging non-compliance remains a concern.
Legal and Financial Implications
If a school district fails to implement the new Title IX policies, it could face lawsuits from individuals claiming harm due to non-compliance. Such lawsuits could lead to significant legal fees and require the district to allocate resources for training and compliance measures. Additionally, a taxpayer lawsuit could compel the district to adopt the new policies, potentially holding board members accountable for inaction.
