Press Release: Fair Wisconsin and GSAFE file four new federal complaints detailing hostile environments fostered by school boards

Fair Wisconsin and GSAFE logos side by side

 

FOR IMMEDIATE RELEASE

October 9, 2024

MEDIA CONTACTS: info@fairwisconsin.com, info@gsafewi.org 

 

Fair Wisconsin and GSAFE file four new federal complaints detailing hostile environments fostered by school boards

Complaints filed on behalf of trans and nonbinary students in Winneconne Community School District, Muskego-Norway Schools, the School District of Abbotsford, and Hartford Union High School District

Fair Wisconsin and GSAFE today filed joint federal civil rights complaints against four districts whose school boards have taken actions that foster a hostile environment in violation of Title IX. These complaints filed with the Office for Civil Rights at the United States Department of Education were made on behalf and in support of trans and nonbinary students, educators, staff, and families in the following districts: Winneconne Community School District, Muskego-Norway Schools, the School District of Abbotsford, and Hartford Union High School District.

“Each of these school boards have taken votes to eliminate or exclude gender identity from the anti-discrimination policies detailing Title IX protections in their districts. By doing this, these school boards are sending the message that trans and nonbinary students are not worthy of protection,” said Abigail Swetz, Executive Director of Fair Wisconsin. “That is an unconscionable action for duly elected leaders entrusted with the education and safety of our children to take, and we are here to say it is beyond unacceptable – it is discriminatory.”

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. Regulations that make clear the inclusion of gender identity went into effect on August 1, 2024, although federal courts have recognized in Wisconsin that Title IX extends to gender identity since 2017. While an injunction that delays immediate implementation of these regulations due to an out-of-state lawsuit affects some schools in Wisconsin, school districts, as separate entities, are not enjoined. The actions by these school boards are fostering hostile environments at the district level.

“When Fair Wisconsin and GSAFE filed the complaint against Kettle Moraine School District, we told the people of Wisconsin that we wanted to hear from you about any actions taken by your school boards against Title IX. We said we would file more complaints if we needed to. We are doing exactly that. And we will keep filing complaints to support trans and nonbinary students and their families until these anti-trans actions stop,” said Tyrone Creech, Jr., Executive Director of GSAFE.

Fair Wisconsin and GSAFE are committed to creating safe learning environments in Wisconsin schools, and will continue to respect trans and nonbinary students’ identities and protect their rights by filing more complaints with the Office for Civil Rights as hostile environments in other school districts are brought to the organizations’ attention. To inform Fair Wisconsin and GSAFE of school board actions creating hostile environments in a district, please contact the organizations by emailing testimony@fairwisconsin.com or calling 608-441-0143. A staff member will respond to learn more and take the necessary next steps. 

“These are not the first complaints we’ve seen, with some school boards seeking to evade their legal obligation to protect all students from sex-based discrimination. In the complaints filed today, we see school boards reject the legal advice from their own attorneys to deprive transgender students of clearer protections. This is exactly why Title IX is so important, as it provides students with avenues to ensure that they can learn free from harassment or discrimination, even when school leaders are standing in the way,” said Brian Dittmeier, Director of Public Policy at GLSEN.

Fair Wisconsin is Wisconsin’s statewide LGBTQ+ civil rights and advocacy organization, dedicated to building a fair, safe, and inclusive state where LGBTQ+ people are treated with dignity and respect. GSAFE is Wisconsin’s statewide LGBTQ+ education and advocacy organization, committed to building thriving school communities for LGBTQ+ youth and students. These complaints were filed in coordination with GLSEN, a national organization advocating for LGBTQ+ issues in K-12 education. 

An electronic version of this news release can be found under the GSAFE news tab: https://gsafewi.org/news/.

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