Oshkosh school district adopts new Title IX regulations amid heated community controversy

OSHKOSH (WLUK) — In a 5-2 vote, the Oshkosh Area Board of Education voted Wednesday to adopt new Title IX regulations, which were updated earlier this year by the Biden administration.

The final regulations are expanded in several areas. For example, complaints don’t need to come directly from the complainant and it no longer has to be in writing — they can be oral complaints.

The guidelines also further strengthen protections for pregnant students and employees, and define obligations by federally funded institutions to accommodate pregnant people.

But one of the biggest changes lies within the final regulations’ expanded definition of sex-based harassment. Along with clarifying that sex-based discrimination includes that based on pregnancy, sex stereotypes and sex characteristics, it also includes sexual orientation and gender identity.

In the Oshkosh community and many others, that’s been a point of contention.

Before their vote Wednesday, OASD board members heard from concerned parents and community members on both ends of the spectrum.

“Is it comfortable to be denied what others get? No. Can you give your all when you feel stepped on? No. Can you learn your best when you are denied access? No. Title IX means all having access to everything,” said Jean Urdman, an Oshkosh community member.

“We have great teachers and school staff that are very welcoming to all students who come to school. They give selflessly, they go above and beyond daily to make our schools safe spaces for all students who are in our schools. We don’t need Title IX to accomplish this in the Oshkosh Area School District,” said Shane Urban, a parent of two OASD students.

Some who spoke at Wednesday’s meeting, who are opposed to the regulations, recognized the vital role that Title IX plays and has historically played. However, they believe the updated regulations are out of line. More specifically, the rule in the regulations that says a student may use a restroom based on their gender identity.

“We now have bad actors who are abusing and taking advantage of the Title IX update to enter any restroom, any locker room, go into any sports team that best identifies with how they feel,” said Ricky Rodriguez, an Oshkosh resident and member of the ‘Gays Against Groomers’ organization. “This is not only wrong but is a liability to the schools and the taxpayers.”

Others say it’s an infringement on religious freedoms and beliefs.

“A small group of sexually confused people are insisting on some things which are diametrically opposed to reason, truth and common sense, and the safety and well-being of our children, grandchildren and our society at large,” said Richard Ives, an Oshkosh resident.

“Isn’t this policy imposing a belief system that most of us do not agree with? It will force the majority to conform to the demands of a smaller minority all at the expense of our children’s safety and education,” said Christy Jansen, a parent of students in the district.

To school board member Dr. Timothy Hess, the new regulations are a failure and were hastily and sloppily created, and they infringe on other students’ rights. He says the several challenges in federal courts have shown that.

“I regret that the Department of Education wasted an opportunity to bring positive change to groups that have been historically marginalized,” he said. “I strongly suspect that regardless of what we decide tonight, the courts will eventually make the decision for us.” “Not passing this tonight does not mean we will allow bullying or anything of the sort.”

Hess said that aside from Title IX, the district has other policies and protections in place to protect LGBTQ and transgender students in their schools.

Superintendent Bryan Davis recalled those in attendance on Wednesday that students have access to single-stall bathrooms as needed, and that schools have and will continue to work with families to support all students.

Davis also added that Oshkosh follows all WIAA guidelines for boys and girls in sports. As superintendent, Davis does not vote alongside the elected board members.

Those who support the new regulations said that not passing them would have caused more harm to those already marginalized students.

“My heart goes out tonight to every trans person and every LGBTQ+ person who has had to listen to their elected leaders discussing and eventually voting on whether or not they are equal persons worthy of equal protections. They are worthy, this isn’t even a question,” said TJ Hobbs of Oshkosh.

“Remember, we’re talking about children. Demonizing children based on sex and gender is problematic and is exactly the reason why updates to Title IX are necessary,” added district parent Mallory Schneider Birshbach.

Not passing the new regulations also meant the district would have faced the threat of losing millions of dollars in federal funding for being out of compliance. In a previous meeting, the district’s legal counsel said that was unlikely to happen.

However, several school board members said it isn’t worth the risk, and that protecting all students is their main focus.

“The proper venue to challenge Title IX is in the courts, and we see that happening already. It’s not the job of the school board to challenge the federal government,” said board member Stephanie Carlin. “Voting against Title IX does not promote inclusivity and it goes against our core values.”

“We need to have grace and understanding for those who oppose this, but at the same time we have to protect all of our students and to me, the best way to do this is to adopt these guidelines,” added board member Dr. Barbara Herzog.

Despite a 5-2 vote to adopt the new regulation, five schools in the Oshkosh Area School District are exempt from them: Perry Tiplar Middle School, Oakwood Elementary School, Traeger Middle and Elementary Schools and West High School.

A federal court case challenging the regulations in Kansas was brought forward by the Moms for Liberty organization. The judge filed an injunction that states any school with a student whose parent is a member of the Moms For Liberty organization is exempt from the new regulations.

For those five schools, the previous Title IX regulations will be followed.