Winneconne school board adopts new Title IX policy after hours of public comment and attorney warning

The Winne County Community School District board voted 4–3 on Aug. 5 to adopt Board Policy 2264, a measure the district's attorney said was necessary to align the district with new federal Title IX regulations that took effect Aug. 1.

The vote came after an extended public‑comment period in which several parents and community members urged the board to delay or reject the policy. Laura Ackman, chapter chair for Moms for Liberty in Winnebago County, told the board she had provided the district with a court list and warned the policy could violate a federal injunction, saying, "Any board member that votes to pass this new policy ... clearly supports that a transgender child has more rights than all the girls in your district." Another speaker, Rocky, who identified himself as a co‑chapter leader for Gays Against Groomers Wisconsin, described the change as a "Trojan horse" and warned of safety and parental‑rights concerns.

School counsel Tony Renning told the board the new regulations must be addressed in district policy and explained the legal stakes. "As of last week, Thursday, August 1, school districts and their staffs throughout Wisconsin are required to comply fully with the new Title IX regulations," Renning said, and he emphasized the primary risk was private lawsuits and loss of qualified immunity if the district failed to adopt a policy covering conduct after Aug. 1. He cited Wisconsin statutory requirements (Wis. Stat. 118.13) and 7th Circuit precedent (Whitaker and AC v. Metropolitan School District of Martinsville) when explaining how courts with jurisdiction over Wisconsin have interpreted nondiscrimination protections.

Board members pressed counsel on specific provisions — including parental notification, athletics eligibility, restroom and locker‑room access, and whether administrators would retain authority to verify-report and investigate complaints. Renning said the new rules do not prevent the district from sharing information with parents and that athletics eligibility remains subject to existing rules (for example, WIAA eligibility requirements).

A motion to table consideration of Policy 2264 until the board's Nov. 18 meeting was introduced and taken to roll call but did not result in postponement. Following further discussion, the board approved the policy on a 4–3 vote. Minutes record the adoption motion as made by Barich and seconded by Hansen; the recorded outcome in the minutes is "the motion was 4 to 3 carried." The board's attorney thanked trustees for their time after the vote.

The policy discussion also referenced litigation elsewhere: counsel noted a July injunction out of the U.S. District Court for the District of Kansas that limits enforcement of the new Title IX regulations by the U.S. Department of Education and Department of Justice as to certain states and particular schools identified by litigants, but he said that injunction does not bind Wisconsin school districts generally. He warned that failing to adopt an updated policy could expose the district to private litigation and increased costs, including potential insurance and defense gaps.

The board's decision leaves the district with a policy in place to address conduct occurring after Aug. 1; trustees discussed the possibility of rescinding or revising the policy later if legal or administrative circumstances change.

What happens next: The policy is effective immediately under the board's action. The board recorded the adoption in its minutes and will monitor litigation developments and administrative implementation steps.