WALES — People in the Kettle Moraine School District have mixed reactions to a federal complaint filed against the district for allegedly not complying with new Title IX regulations.
“Using identity to prevent people from being their best selves is doing a disservice to the student,” J.J. Koechell said. Koechell was a student with the district but dropped out because of bullying.
“We’re asking for gender identity to be included in Kettle Moraine’s nondiscrimination policy,” Koechell added.
Title IX offers protections against discrimination on the basis of sex in any education program that receives federal funding. The new rule expands the protections to include sex stereotypes, sexual orientation, gender identity, and sex characteristics.
Two Wisconsin LGBTQ+ advocacy groups, Fair Wisconsin and GSAFE, filed the complaint Monday with the U.S. Department of Education’s Office for Civil Rights. They allege the district has failed to comply with the new rule that went into effect Aug. 1.
“Creating a hostile environment for trans and nonbinary kids creates a hostile environment for every kid. Our children are watching, and when elected school board members weaponize the identity of some of our most vulnerable children, we must take action to stop them,” said Abigail Swetz, executive director of Fair Wisconsin, in a press release.
A spokesperson for the Kettle Moraine School District shared this statement with TMJ4 News:
“We were informed today that a complaint has been filed with the Office for Civil Rights. We have yet to hear from the OCR. The Kettle Moraine School District supports all students and families and does not tolerate bullying. The Final Rule of Title IX was not reviewed as the district is enjoined in the summary judgment of Kansas v. U.S. Dept. of Education. – Kettle Moraine School District.”
The district has not reviewed the rule because it is enjoined in a federal lawsuit brought forth by several organizations, including conservative activist group Moms for Liberty.
Watch: Federal complaint launched against Kettle Moraine school district over new Title IX rules
Due to the lawsuits, courts have issued preliminary injunctions temporarily blocking the rule.
While Wisconsin is not involved in the lawsuit, the rule is not enforceable in any school attended by minor children of Moms for Liberty members.
On July 16, the Kettle Moraine School Board discussed not acting on new Title IX regulations until the lawsuits are settled.
“Trans women are not women,” said Amy Richards, a member of the board. “As a woman, I am offended by the idea that they know what it is to be a woman if they are not a woman. I will protect our girls and boys. That is what the community wants.”
Koechell was in the meeting.
“It was really frustrating to hear that. I knew things were getting bad, but I didn’t know how bad,” Koechell said.
As of July 26, only four of the 11 schools in the Kettle Moraine School District were included in the list of schools affiliated with the groups that Title IX regulations would not apply to, according to the U.S. Department of Education website.
According to an analysis of the LGBTQ+ data in the Youth Risk Behavior Survey administered in Wisconsin in 2021, only 66% of Wisconsin’s trans youth reported feeling safe in school, while 18% reported skipping school in the past year due to feeling unsafe.
“We know school boards in other districts may be taking similar actions—making anti-trans statements during formal board meetings, refusing to act on discrimination, and even casting votes against Title IX and the inclusion of protections based on gender identity. These districts and other outside organizations are actively spreading disinformation about out-of-state litigation to deter LGBTQ+ youth from exercising their rights. Let me be clear: we are watching, and as we learn more, we will file more complaints on behalf of the students in those districts,” said Swetz.
The school districts of Elmbrook and Menomonee Falls also have not adopted the rule while they wait for the legal challenges to pass.
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