MARSHFIELD, WI (OnFocus) – At a Special Meeting on Monday, July 22, 2024, the Marshfield School Board will consider Approval of New Policy 2264, Nondiscrimination on the Basis of Sex in Education Programs or Activities.
According to the policy documents, “This policy pertains to sex discrimination, including sex-based harassment, which occurs on or after August 1, 2024. Allegations of sex-based harassment that occur on or before July 31, 2024, shall be addressed pursuant to Policy2266. Throughout this policy, unless expressly stated otherwise, reference to “Title IX” includes and incorporates the 2024Title IX regulations (also known as the “2024 Final Rule”). The Title IX regulations are found at 34 C.F.R. Part 106.References solely to Title IX (20 U.S.C. §§ 1681 – 1688) are denoted as “Title IX (Statute).”
Title IX is a federal civil rights law in the United States that was passed as part of the Education Amendments of 1972. It states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
One of the most well-known applications of Title IX is in school athletics. It requires schools to provide equal opportunities for both male and female students in sports, including equitable funding, facilities, and access to athletic programs.
The Office for Civil Rights (OCR) within the U.S. Department of Education is responsible for enforcing Title IX. Schools found in violation of Title IX can face penalties, including the loss of federal funding.
Lawsuits Challenging Title IX
There are several ongoing lawsuits challenging the recent changes to Title IX regulations introduced by the Biden Administration in April 2024. These lawsuits primarily focus on the expanded definitions of sex discrimination and harassment, which now include gender identity and sexual orientation.
Fifteen states, led by Louisiana, have filed a lawsuit arguing that the Department of Education overstepped its authority by redefining “sex” to include gender identity and sexual orientation. They claim this could lead to discrimination against women and that the changes are arbitrary and capricious, violating the Administrative Procedure Act (APA) (Ogletree).
In Wisconsin, there are a few notable Title IX lawsuits and controversies that are currently ongoing or recently addressed:
- Sun Prairie Area School District: The U.S. Department of Education’s Office of Civil Rights (OCR) opened an official Title IX investigation into the Sun Prairie Area School District in November 2023. This investigation follows a complaint filed by the Wisconsin Institute for Law & Liberty (WILL) regarding a locker room incident where an 18-year-old biological male showered with four freshman girls, which was reported as a violation of girls’ locker room privacy (Wisconsin Institute for Law & Liberty).
- Elkhorn School District: WILL has filed a conditional motion to intervene in a lawsuit against the Elkhorn School District for its policy of designating separate bathrooms based on biological gender. This case centers around the district’s adherence to Title IX regulations that allow sex-separated bathrooms, and WILL is defending the rights of parents and students to bodily privacy under these regulations (Wisconsin Institute for Law & Liberty).
- Kiel Area School District: This controversy involved three middle school boys who were accused of sexual harassment under Title IX for using “incorrect pronouns” when referring to a classmate. The Wisconsin Institute for Law & Liberty (WILL) intervened, arguing that the district’s handling of the complaint was inappropriate and violated the boys’ First Amendment rights. The Kiel Area School District eventually closed the Title IX investigation against the students (Wisconsin Institute for Law & Liberty).
If the lawsuits against the Title IX changes win, the implications for local school boards that implement policies in line with these changes could be significant. School boards that have implemented policies in accordance with the challenged Title IX changes may need to reverse or modify these policies to comply with the court’s ruling. This could involve altering policies related to gender identity, restroom and locker room access, and handling of sexual harassment complaints.
Read the policy on the Marshfield School Board website.
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Author: News Desk
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