LGBTQ+ groups file federal complaint against Kettle Moraine schools » Urban Milwaukee

Two Wisconsin LGBTQ+ rights organizations filed a joint federal complaint Monday against the Kettle Moraine School District on behalf of transgender and nonbinary students, alleging the school board created a hostile environment in violation of Title IX regulations.

“Creating a hostile environment for trans and non-binary kids creates a hostile environment for every kid. Our kids are watching, and when elected school board members defend the identities of some of our most vulnerable kids, we have to take action to stop them.” – FAIR Wisconsin Executive Director Abigail Swetz said in a statement. “We need to show the kids of Wisconsin — our trans and nonbinary kids and all of their peers — that we are ready to protect their rights and keep them safe.”

The joint complaint by FAIR Wisconsin and GSAFE, an organization dedicated to LGBTQ+ inclusion in education, was filed with the U.S. Department of Education’s Office for Civil Rights.

Title IX is a federal law that prohibits sex discrimination in K-12 schools, as well as at colleges and universities that receive federal funding. New regulations enacted by the Biden administration in April expanded federal protections for LGBTQ students.

Although the new rules took effect in August, they have been challenged by 26 states, all of which have Republican attorneys general, and three conservative groups — Moms for Liberty, Young America’s Foundation and Female Athletes United. The U.S. Supreme Court also rejected an emergency request from the Justice Department on Aug. 16 to enforce the updated federal rules.

The rules are not being challenged in Wisconsin. In July, however, a U.S. District Court judge in Kansas issued a preliminary injunction against the rule and ordered Young America’s Foundation, Female Athletes United and Moms for Liberty to turn over lists of schools attended by students affiliated with those groups.

The complaint, filed with FAIR Wisconsin and GSAFE, said that as of Aug. 28, four of the 11 schools in the Kettle Moraine School District were on the list from the Kansas case, so only those schools are subject to the judge’s order.

“The majority of schools in the Kettle Moraine School District are not subject to the order and, as a result, the Kettle Moraine School District must implement the updated Title IX regulations in those schools,” FAIR Wisconsin and GSAFE said in a statement.

The groups expressed concerns that the district is “refusing” compliance in cases where the updated Title IX regulations are legally enforceable, which in turn “deteriorates an already hostile educational environment for transgender students, teachers, staff, and families in the community, a result of public statements and the continued indifference of School Board members to repeated concerns raised by the community.”

The complaint cites comments board members made at a July meeting that indicated they wanted to wait to implement new changes and that they “contributed to a hostile atmosphere.”

“Trans women are not women. As a woman, I am offended by the idea that anyone thinks they know what it means to be a woman if they are not. I will protect our girls and boys as much as I can in this situation. That’s what the community wants.” Amy Richardsa board member said at the July school board meeting.

The complaint said that while the comments are not official board action, they send a “frightening message” to transgender members of the community.

The complaint calls on the agency to investigate Kettle Moraine’s compliance with “federal law, obtain assurances of compliance with updated Title IX regulations from the District where the regulation is legally enforceable, and take all necessary steps to remediate any unlawful conduct identified during the investigation or otherwise by the District, consistent with Title IX requirements.”

Swetz said in a statement that the organization will be monitoring other school districts that make anti-transgender statements during board meetings, refuse to act on discrimination and vote against Title IX and the inclusion of protections based on gender identity, and “will file more complaints on behalf of students in those districts.”

FAIR Wisconsin and GSAFE File Title IX Complaint Against Kettle Moraine School District was originally published in the Wisconsin Examiner.