Wisconsin school district sued for violating parents' rights with Gender Identity Policy

America First Legal and the Wisconsin Institute for Law and Liberty today filed a lawsuit against the Eau Claire Area School District in Wisconsin, along with its school board members and superintendent, over the school’s Gender Identity Policy and gender identity trainings, which allow teachers and school staff to hide student gender transitions from their parents. 

According to the lawsuit, the school district "mandates that schools and teachers hide critical information regarding a child’s health from his or her parents and to take action specifically designed to alter the child’s mental and physical well-being."

The school district’s training on its gender identity policy stated that "Some transgender, non-binary, and/or gender-nonconforming students are not 'open' at home for reasons that may include safety concerns or lack of acceptance. School personnel should speak with the student first before discussing a student’s gender nonconformity or transgender status with the student’s parent/guardian."

Another slide in the training said parents are not "entitled" to know their children’s identities. "That knowledge must be earned," the slide said. 

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The district training also instructs teachers to work with students on creating a Gender Support Plan, which allows students to choose which facilities the student can use, including restrooms, locker rooms, and accommodations on overnight trips. It also allows teachers to note whether parents are aware of the student’s gender transition. 

"The Gender Support Plan and Gender Identity Policy lack any requirement to notify the student’s parents that [Eau Claire Area School District] is renaming their child or giving him or her a new gender identity. There is no requirement to notify the parents that their child will be using opposite-sex intimate facilities. There is no requirement to notify the parents that their child will stay in opposite-sex overnight lodging," the lawsuit states.

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Ian Prior, senior advisor at America First Legal, said earlier this year the school district "might be the worst violator of parent’s rights," and told Fox News Digital Wednesday that the district’s moves are "appalling." 

"I think it is just so appalling that a school system, and public employees, would believe that they have the authority to step between children and their parents, not just to implement that in policy, but then actually to boast about it in a way that makes clear that they have no respect whatsoever for the liberty rights that are guaranteed to parents to raise their children as they see fit, as guaranteed by the constitution." 

One teacher went so far as to post a flyer stating "if your parents aren’t accepting of your identity, I’m your mom now."

America First Legal and the Wisconsin Institute for Law and Liberty’s lawsuit said the school policy violates the First and 14th Amendments, which protect freedom of religion, and give parents the right to direct their children’s upbringing. 

"Clearly, the school system is stepping in between parents and their child by creating these policies and practices that effectively deny parents the ability to be involved if their child goes to school and claims to be a different gender," Prior told Fox News Digital. 

Prior noted that policies like those in the Eau Claire Area School District have been seen in schools across the nation, and advised parents to communicate with each other, gather information on the policies and procedures of their school districts, and even filing Freedom of Information Act Requests when necessary. 

"It’s really heartbreaking to see how our public school systems have so brazenly sided against parents in favor of special interest organizations," he added. 

Prior also warned that the Biden administration’s proposed Title IX rules, which would sweep "gender identity" into the law’s protections, could result in policies like that of the Eau Claire school district becoming federal law. 

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"I would encourage parents to go there, and comment on these Title IX regulations, and let the administration know that this is unacceptable," Prior said. "These are our children. These are not the government’s children. They do not belong to the federal government, they do not belong to the state government, they do not belong to your local government." 

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"Parents have the right, the obligation, the honor to raise their children as they see fit. It is, again, one of the oldest liberty rights recognized by the Supreme Court. It is extremely important that parents continue to be engaged, and continue to fight back," he said. 

The Eau Claire Area School District did not immediately respond to Fox News Digital's request for comment.