Civil rights complaint filed against Abby K-12

By Kevin O’Brien

Abbotsford is one of four school districts in Wisconsin targeted by a federal civil rights complaint filed Tuesday by two groups advocating for transgender and nonbinary students and school staff.

Fair Wisconsin and GSAFE, two statewide LGBTQ+ civil rights organizations, announced in a press release that they have filed complaints with the Office for Civil Rights at the U.S. Department of Education for actions taken by the school board that allegedly “foster a hostile environment in violation of Title IX.”

The other three school districts include Winnecone Community, Muskego-Norway, and Hartford Union High School.

“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.”

At its Aug. 19 meeting, the Abbotsford School Board voted 4-3 to rescind a new dis-

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trict policy that aligns with changes to the federal Title IX law, which were supposed to take effect nationwide on Aug. 1 to prohibit discrimination on the basis of gender identify in all federally funded education programs.

Originally passed in 1972, Title IX was intended to prevent discrimination on the basis of sex in school sports and other educational programs. An update adopted earlier this year by the Biden administration required public schools to extend some of those antidiscrimination protections to transgender and nonbinary students and staff, but a series of lawsuits have resulted in the new regulations being put on hold in 26 states.

Before the school board made its decision on Aug. 19, attorney Tess O’Brien-Heinzen warned board members that the district would be open to a federal civil right complaint if it did not comply with Title IX regulations. O’Brien-Heinzen said school districts in Wisconsin are also bound by decisions made by the Seventh Circuit Court of Appeals, which ruled in 2017 that the Kenosha Unified School District could not enforce its policy prohibiting a transgender student from using a bathroom based on their gender identity.

Eight parents and other members of the public spoke out against the new Title IX regulations, with one mother expressing concerns that a boy could identify as a girl just to gain access to girls’ bathrooms and locker rooms, and the district would be prevented from questioning the student’s claims.

A couple of the speakers identified themselves as members of Moms For Liberty, a parental rights group that convinced a federal judge in Kentucky to block the rules in schools where its members send their students.

The press release from Fair Wisconsin and GSAFE seemed to dispute the notion that Abbotsford and other districts were immune from federal complaints because of the parents’ involvement with Moms For Liberty.

“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 Fair Wisconsin press release states. “The actions by these school boards are fostering hostile environments at the district level.”

At the Aug. 19 school board meeting, O’Brien-Heinzen went over a memo from the district’s insurance company, CIC, which says the district is bound by Title IX as a federal law, and if the school board decides not to follow the new regulations, CIC will assign an attorney to mount a legal defense if the district is sued, but that attorney will work to reach an out-of-court settlement.

“You may have to pay out at least what is up to your deductible, and the insurer has the ability to settle the case without your consent pursuant to your policy,” she told the board.

Ryan Bargender, superintendent of the Abbotsford School District, said he would have to talk to the district’s lawyers before issuing a response to the complaint.