The News: The Wisconsin Institute for Law & Liberty (WILL) has released a model school board policy explaining the legal basis for sex-separated bathrooms and their importance in protecting girls at school. The release comes amid a national debate on the issue and follows controversy in the New Richmond, Wisconsin, school district, where a policy allowing biological boys to use girls’ bathrooms sparked concern among parents and students.

The Quote: WILL Deputy Counsel, Cory Brewer, stated, “Girls should not have to miss class, risk discipline, or protest publicly just to preserve basic privacy at school. Title IX was enacted to protect students, not to force schools into policies that disregard bodily privacy. Our model policy ensures districts follow Title IX and protect student privacy.” 


Why Should School Districts Adopt This Policy?  

  • This policy is intended to protect student privacy, comply with Title IX of the Education Amendments of 1972 and its implementing regulations, and provide clear guidance regarding the use of sex-separated facilities.  
  • Title IX and its implementing regulations expressly permit schools to maintain separate toilet, locker room, and shower facilities based on sex, provided that such facilities are comparable for students of each sex.  
  • Nothing in Title IX requires a school district to permit students to access sex-separated facilities designated for the opposite sex.  
  • Courts have long recognized that protecting bodily privacy in intimate settings is a legitimate and important governmental interest. 

Happening Now in Wisconsin: The School District of New Richmond is facing criticism from parents and students over a policy allowing biological boys to use the girls’ bathrooms. Now ahead of a school board meeting this evening, the district has released guidelines for public comment which are so broad that they raise concerns. WILL has sent a letter to the New Richmond School Board encouraging them to facilitate open and honest dialogue on this serious issue and to respect the First Amendment rights of members of the public. 

Learn More: 

Model Policy 42, February 2026 

WILL Letter to School District, February 2026  

WILL Amicus Briefs on Title IX and Sex-Separated Facilities: 

Amicus Brief in Doe v. Elkhorn Area School District 

Amicus Brief in West Virginia v. BPJ 

Amicus Brief in D.P. v. Mukwonago Area School District 

Read and share the press release online.

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