Fair Wisconsin and GSAFE today filed a joint federal civil rights complaint against the School District of Waukesha due to actions taken by the school board at the behest of the district superintendent that foster a hostile environment in violation of Title IX. The complaint filed with the Office for Civil Rights at the United States Department of Education was made on behalf and in support of trans and nonbinary students, educators, staff, and families. Additionally, the Office for Civil Rights has opened an investigation into the Kettle Moraine School District as of November 7, 2024 to determine whether the district is in violation of Title IX.
“The votes to strip gender identity from district policies, including Title IX, are just the latest in a lengthy string of anti-LGBTQ+ actions taken by the school board in collaboration with the district superintendent in the School District of Waukesha, despite the fact that past leadership and many past and current staff have placed a high priority on the safety and inclusion of all students, including LGBTQ+ youth,” said Brian Juchems, GSAFE Senior Director of Education and Policy. “GSAFE and Fair Wisconsin are ready to provide support in the form of training in best practices and assistance in working with the community to ensure district families understand the importance of affirming policies for the ability of all children to access a high-quality education.”
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. Federal courts have recognized that Title IX extends to gender identity in Wisconsin since 2017 due to a decision in the Whitaker v Kenosha case by the Seventh District Court of Appeals. This clarity of protections was echoed in federal regulations that went into effect in Wisconsin on August 1, 2024. The district policy changes proposed by District Superintendent James Sebert and voted on by the district school board are fostering a continued hostile environment at the district level.
“Since we started this work focused on ensuring districts are in federal compliance with Title IX, we have made it clear that we will continue to file civil rights complaints as we learn of anti-trans actions being taken by district leadership. This filing is an indication in our continued steadfast commitment to do what is right by our trans and nonbinary students and staff,” said Tyrone Creech, Executive Director of GSAFE. “We will not be deterred from ensuring every member of our LGTBQ+ community is protected and respected.”
“We are thankful that the Office for Civil Rights has opened an investigation in the first of our filed complaints, as it indicates a shared commitment to districts implementing nondiscrimination and harassment policies that are explicit in their inclusion of protections for gender identity,” said Abigail Swetz, Executive Director of Fair Wisconsin. “With the upcoming change in presidential administration, we have received inquiries into whether or not we will continue this work. The answer is a resounding yes. Title IX protects LGBTQ+ students and staff. The recent finding in the Title IX complaint against Owasso School District, a finding based on Title IX as it stood before August 1, reaffirms this fact, which the courts have recognized in Wisconsin since the Whitaker v Kenosha decision in 2017. LGBTQ+ students and staff have civil rights, no matter who occupies the White House, and our organizations are here to make sure those rights are respected.”
Fair Wisconsin and GSAFE are committed to creating safe learning environments in Wisconsin schools, and will continue to respect trans and nonbinary students’ identities. 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 determine necessary next steps.
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. This complaint was filed in coordination with GLSEN, a national organization advocating for LGBTQ+ issues in K-12 education.
An electronic version of this news release will be found under the GSAFE news tab: https://gsafewi.org/news/.
