OSHKOSH, WI – (WGBW & WISS) – The Oshkosh Area School District Board discussed new Title IX regulations at the board meeting Wednesday. However, it didn’t take any action to move toward adopting the updates. Title IX is the subject of several national lawsuits that have resulted in injunctions holding back its implementation.

“This is really the crux of the issue (of the lawsuits), defining sex-based harassment to include things other than discrimination or harassment based on male or female status,” said Mark Kapocious, attorney for the school district. “Sex-based harassment can include gender identity, one’s transsexual status, pregnancy-related conditions, again just essentially the sexual orientation.”

Under the revised regulations of Title IX, gender identity and sexual orientation are included in the definition of sex-based discrimination. Additionally, the new regulations have rules on off-site school activities and staff training.

Why the delay in implementation

Title IX is the subject of several national lawsuits. This has caused delays in implementation of Title IX.

Kapocious said the district is compliant with regulations that reflect the 2017 Whitaker v. Kenosha Unified School District decision. However, the district is not technically in compliance with new Title IX regulations.

In the Whitaker v. Kenosha decision, the Seventh Circuit Court of Appeals ruled that transgender students have protection from discrimination in schools.

While no vote was taken on the Title IX updates or regulations at the meeting several people signed up to speak.

For the changes

TJ Hobbs, of Oshkosh, said the district stands to lose federal funds from not adopting Title IX.

“Seven to eight percent of our school district revenue is at risk right now because we are not in compliance. That’s what I just heard,” said Hobbs. “I am also hearing a lot that it has never happened before that we’ve lost money from a Title IX violation…I don’t believe we’ve ever been THIS in violation of Title IX compliance as we care currently.

“There are 22 schools in the district. There are three, that we all know, the two Traeger schools and the West that are not affected by this. The remaining 19 are out of compliance right now…If we get a gender-based discrimination complaint on Day 2 of school in one of the 19 schools that are legally obligated to comply based on federal law, as it is now.

“I don’t care what the Supreme Court might do. I don’t think any of you need to care about what the Supreme Court might do because, now, we are out of compliance.”

Against Title IX changes

Laura Ackmann is the Winnebago Chair for Moms for Liberty, a national conservative political group. She said the new Title IX has gone from a 2 paragraph regulation that allows girls’ sports equality to a 15 hundred page document

“What the risk is with the new policy is it does potentially, in some instances, put the transgendered student above the girls,” said Ackmann. “That’s what the argument is around changing Title IX from protecting girls to now including the transgender population. Not that it shouldn’t be, but there are other policies to protect them.

“If a transgender person wants to go into the opposite bathroom, under this law you must let them. If a girl complains because she isn’t comfortable with a male naked in their locker room, she has no recourse under this new policy.

The court ruled on July 2nd in the case of the State of Kansas vs. the United States Department of Education that the Department of Education could not enforce the new Title IX regulations in the plaintiff states or at any schools where children with parents who are members of the plaintiff organizations attend. Carl Traeger Elementary School, Carl Traeger Middle School, and Oshkosh West High School are parts of the injunction as the three schools have students who are children of the plaintiff organization Moms for Liberty.

The board sent the discussion of the Title 9 regulations back to the governing and policy committee’s September meeting, to bring to the board later.

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