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Oshkosh board reinstates pre‑2024 Title IX policy after federal rules vacated; one member objects
Summary
The Oshkosh Area School District Board approved rescinding a 2024 Title IX policy and restoring the prior policy language after the Biden‑era rules were vacated. Board members and staff debated legal compliance and student safety; one board member spoke at length against the change.
The Oshkosh Area School District Board voted Jan. 29 to remove the district policy adopted in 2024 to implement the U.S. Department of Education’s then‑new Title IX regulations and to revert to the district’s prior Title IX policy language.
The change follows a federal court decision that vacated the 2024 Title IX regulations. District staff told the board the district must align its policies with current federal requirements; board members debated whether the change would affect safety and protections for transgender and other LGBTQ+ students.
Sabrina Johnson, an executive‑team member who briefed the board, said the district created Policy 2264 last year “that went with all claims and complaints that came forward as of September 12, 2024,” and that, with the federal rules vacated, the district should restore the prior policy and remove date‑specific procedures. “With that being vacated we’re coming forward tonight requesting that we delete policy 2264 and the change is to policy 2266 is that we can take out the dates of those proceedings happening before and after those dates,” Johnson said.
Board member (Ms.) Smeltley spoke at length in opposition, saying the 2024 rules had provided explicit protections and that reverting would leave some students feeling less safe. “I cannot be complicit, in the adoption, implementation, or enforcement of unjust rules, policies, or laws,” Smeltley said. She said the change would make some students “feel less safe, less protected in our OASD schools” and urged the district to remember its obligation to create a safe learning environment for all students.
Other board members and staff emphasized legal compliance. One board member reported consulting an education attorney who advised that Wisconsin privacy laws limit exposure in locker rooms and related settings, and that the immediate legal obligation is to align district policy with current federal law.
After discussion, the board approved the motion to revise the district’s Title IX policies to reflect the vacatur of the 2024 federal rule. The motion passed by roll‑call vote; one board member voted no.
The board president said the action was taken to keep district policy in compliance with the law and that additional administrative guidance or trainings would follow as needed.
The board moved on to other agenda items after the vote.
