When GSAFE and Fair Wisconsin filed a joint Title IX complaint against the Kettle Moraine School District on September 10, they warned that they would be watching—and would file additional complaints against other Wisconsin school districts violating the federal civil rights of LGBTQ students.

On October 9, they delivered on their promise. Four additional complaints were filed on behalf of, and in support of, transgender and nonbinary students and their families. The school districts of Winneconne, Muskego Norway, Hartford Union, and Abbotsford were cited for fostering hostile environments that violate Title IX protections.

Defending the rights of trans & nonbinary students 

“When we filed the complaint against Kettle Moraine School District, 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 actions stop,” said Tyrone Creech, executive director of GSAFE.

“Each of these districts is doing this a different way,” said Abigail Swetz, executive director of Fair Wisconsin, “but the actions range between making very pointed anti-transgender statements during board meetings, to receiving public commentary and calls to action and taking no action, to eliminating or vetoing gender identity language from Title IX policies in schools.”

On August 1, new federal regulations clarified that sexual discrimination included gender identity. However, these school boards—and others—have not taken proactive action to include this language. In fact, some have taken the hostile action of removing the language. As a result, these districts are out of compliance with federal law.

Hostility at school board meetings 

School boards are fostering hostility in several ways, and it can be seen in board meetings broadcast on Zoom or recorded on YouTube. When parents are advocating for safety, they’re treated to ridicule, hostility, and discriminatory votes in real time. Their concerns are actively dismissed or ignored. In some cases, board members have denied trans existence, i.e., stating that trans women are not women. Some districts have attempted to create “separate but equal” policies for trans and nonbinary students, rather than just creating universal policies for all.

“By doing this, these school boards are sending the message that trans and nonbinary students are not worthy of protection,” said Swetz. “Creating a hostile environment for them creates a hostile environment for every kid. Our children are watching, and when school boards weaponize the identities of some of our most vulnerable children, we must take action to stop them. That is an unconscionable action for duly elected leaders entrusted with the education and safety of our children. We are here to say it’s not only unacceptable, but also discriminatory. We must show the children of Wisconsin that we are ready to protect their rights and ensure their safety.”

“We’re hoping to change things,” said Creech. “In a perfect world, we wouldn’t be needed—but that’s not the reality of where we are. We want people to know we are paying attention. We hope school boards wake up.”

“These school boards can still do the right thing,” said Swetz. “Federal complaints take a long time, so this will be a lengthy process, which gives them the time to fix it. They have the power, and they could and should use it.”

Parental rights 

Unfortunately, GSAFE and Fair Wisconsin are up against a small-but-loud group lobbying around “parental rights.” Ironically, both organizations agree with the holistic concept of parental rights.

“Every parent should have the right to know their child is safe at school,” said Creech. “You have parental rights over your child, but not the right to impose your beliefs on other families. That’s when we lose our freedoms, and that’s what ‘parental rights’ groups forget. This isn’t about one family making determinations for every family in the district. It’s about creating policies that encompass all students and make all students feel welcome. The students don’t care if these kids are trans, it’s the parents. They are the only ones who care. Hate is taught not bred. Hate is not in our DNA, we learn it.”

“People don’t like federal complaints being filed against them,” said Swetz. “Our work is having a deterrent effect in a good way.”

Contact the Tip Line 

“As we speak, the ball is in the court of the U.S. Department of Education Department of Civil Rights,” said Swetz, “but the ball is also in the court of the school board at any given moment. They could call a special session and resolve these federal complaints in one meeting. Right now, it’s a waiting game.”

In the meantime, citizens are encouraged to contact the Tip Line at [email protected].

“Some of the complaints we filed came through that Tip Line. It’s really helped us know where to look for verifiable information. With more than 400 school districts in Wisconsin, we can’t track everything without it.”

The Tip Line has been an important buffer for families and students.

“We can protect the people who are blowing these whistles,” said Creech, “and prevent them from putting themselves on the line. We don’t want to put that weight on anyone else, and we don’t want to create any more harm for educators, parents, or students. They’re already been through enough.”

“If you need support, reach out for support through the Tip Line,” said Swetz. “We’ll give you talking points. We’ll help you prepare for your next school board meeting. We’ll give you all the statistics you need.”

“But you do need to show up,” said Creech. “You can’t be an ally from your armchair. You need to show up in the real world. We are not going anywhere, and if you’re trying to abuse our community, we’re going to just keep on fighting. From the earliest days of our community, we’ve never shied away from the battle. And the most important battle right now is helping kids survive.”