A St Croix County school district that has become the target of right-wing politicians and activists for allowing students to use restrooms corresponding to their gender identity is now being investigated by the Trump administration Department of Education over the practice.

The Department of Education’s Office for Civil Rights announced in a press release Thursday it was investigating the New Richmond School District “based on reports that the District is allowing biological men to use female restrooms.” 

The head of a Wisconsin LGBTQ+ rights group Friday called the administration’s action an attempt to “bully” school children. 

“The law protects trans girls and their ability to use the girls’ bathroom,” said Abigail Swetz, executive director of Fair Wisconsin. “A federal department’s press release does not, and cannot, change law. However, a federal administration can bully our kids, and that is exactly what this announcement of an investigation is.”

The New Richmond district superintendent, Troy Miller, was not available for comment early Friday afternoon. 

New Richmond policy attacked, defended

The Trump administration’s action follows its increased targeting of states that allow students to use bathrooms that align with their gender identity, including threatening to withhold federal funding. It also follows increasing attention on the New Richmond district’s policy from right-wing advocacy groups such as Moms for Liberty and Wisconsin Republican political campaigns.

A public discussion of the district’s policy arose at a Jan. 29 meeting of the district’s school board, the Hudson Star Observer reported, with community members speaking for and against allowing students to choose the restroom they use. Opponents of the policy included a school board candidate, the newspaper reported.

Videos posted from a meeting in February to the Facebook page NR Students Against Moms for Liberty show a handful of students speaking in favor of allowing students to use the restrooms they are comfortable with. 

“I’m a woman at New Richmond High School who uses the women’s bathroom, and I ask that you hear my perspective. As a woman, I’m not afraid to use the bathroom with someone who is transgender,” one student said. “While fear around potential violence in bathrooms is totally valid, potential worries about what can happen in the bathroom are misplaced. Trans people are not scary or pedophiles. They are our community members.”

In a presentation prepared for that Feb. 10 meeting, legal counsel for the school board defended the policy respecting gender identity. A 2017 federal appeals court ruling

in the case Whitaker v. Kenosha Unified School District No. 1 Board of Education “defined ‘sex’ under Title IX to include gender identity,” according to the presentation slide — meaning that schools must allow students to use bathroom facilities consistent with their gender identity.

At a meeting in late February, Board President Bryan Schafer said district lawyers have told the board that the district is following current law and following case law, the Hudson Star Observer reported. School board members voted at that meeting to look into adding more school restrooms and rejected a call for an internal investigation.  

Republican politicians, candidates weigh in

A week after the issue first arose in January, U.S. Rep. Tom Tiffany posted on Facebook a demand that the district reverse its policy. Michael Alfonso, who is running in the 7th Congressional District race to succeed Tiffany, has posted on his campaign Facebook page at least five times in the last month about the policy, directing increased national attention to the district. State lawmakers from the area have also weighed in. 

Alfonso is the son-in-law of Transportation Sec. Sean Duffy, who previously represented the 7th District, and recently was endorsed by President Donald Trump. 

“I would expect this from Madison or Milwaukee or some crazy liberal place but not northern Wisconsin,” Alfonso said in a video he filmed with his wife, Evita Duffy-Alfonso, on the way to a school board meeting. “This is why it’s so important for conservatives to remember that elections have consequences. There’s no reason that we should have liberal lunatics on our school boards. We need to make sure we’re getting out to vote in April and August and November because we have a very good chance to take our state back.”

The Department of Education press release Thursday said the agency’s Civil Rights Office “will determine whether the District violated Title IX of the Education Amendments of 1972 (Title IX) by allowing students to access intimate facilities based on ‘gender identity,’ not biological sex.” The press release states that an unidentified student in the district has “fear, embarrassment, and anxiety” and no longer uses the restrooms while in school due to the district policy.

Assistant Secretary for Civil Rights Kimberly Richey said in a statement that the department will investigate the complaint fully and address any violation promptly.

“Young women should never be forced to share intimate spaces with boys and men because school leaders care more about radical gender ideology than protecting girls’ safety, dignity, and privacy,” Richey said. “School board members who ignore these allegations are failing the families they serve.” 

Defending students’ choices, gender identity

Swetz of Fair Wisconsin said in a statement to the Examiner Friday that the Whitaker v. Kenosha decision is “very clear when it comes to accessing bathrooms in schools” in its finding that Title IX protects gender identity. 

“Wisconsinites and Americans are tired of this relentless bullying campaign against kids, families, educators, and schools,” Swetz said. These attacks are not only wrong, but also a significant misdirection of resources and focus.”

Sen. Melissa Ratcliff (D-Cottage Grove), who is the mother of a transgender adult child and a co-chair of the state Legislature’s Transgender Parent and Nonbinary Advocacy Caucus, issued a statement Friday defending respect for students’ gender identity.

“Every student deserves to feel safe, respected, and supported at school. Schools have a responsibility to create safe and welcoming environments where all students can learn without fear of discrimination,” Ratcliff said. “Policies that recognize and respect students’ gender identity are consistent with the spirit of Title IX of the Education Amendments of 1972 and the values of fairness and inclusion we strive to uphold in Wisconsin schools.”

Ratcliff said the local school board’s decision should be respected. 

“Local school boards are best positioned to make such decisions that reflect the needs of their schools while ensuring every child is treated with dignity and respect,” Ratcliff said. 

Nevertheless, there have been ongoing legal challenges over school bathroom policies in Wisconsin, and some school districts in Wisconsin have adopted policies that restrict transgender students. 

Just before Trump took office in January 2025, a federal judge overturned a Biden administration order extending Title IX to include protections for gender identity. On his first day in office, Trump reversed other Biden administration orders protecting gender identity and LGBTQ+ rights. Since then, the Trump administration has systematically erased references on federal websites to gender identity, labeling the concept as “gender ideology” and substituting “sex” in its place. 

In addition to Moms For Liberty, the right-wing Wisconsin Institute for Law and Liberty (WILL) has also called attention to the New Richmond district. WILL recently put out model policies that would separate bathrooms based on sex.

“This is a welcome decision by the Trump Administration to enforce Title IX and protect girls’ privacy,” WILL Deputy Counsel Cory Brewer said in a statement. “For too long, school districts in Wisconsin have allowed policies that force young girls to share private spaces with biological males.”

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The Wisconsin State Senate passed bills that would restrict administrative rulemaking and that would place restrictions on health care for transgender youth. The bills are likely to be vetoed by Gov. Tony Evers.

Bills to restrict transgender youth headed to Evers

Democrats slammed five bills passed by Republicans that would restrict transgender children from receiving gender affirming care, from choosing the names and pronouns used for them in school and from participating on sports teams that align with their gender identity. Republicans said the bills are meant to protect children. Each bill passed 18-15 along party lines.

Sen. Mark Spreitzer (D-Beloit) said the bills are part of a larger effort to “legislate trans people out of public life.” He noted the Legislature’s emphasis on bills related to transgender people and said he felt a responsibility as a gay man to speak against them.

“Why are gay people and transgender people often lumped together politically? Why do we stand with each other? In large part because it is the same stereotypes. It is the same bias… and rigid ideas of male and female that have led to discrimination against gay people,” Spreitzer said.

Spreitzer said that even bringing the bills forward would do harm to transgender youth.

“It does harm to the mental health of our youth,” Spreitzer said. A 2024 survey by The Trevor Project found that 91% of LGBTQ+ young people in Wisconsin reported that recent politics negatively impacted their well-being. “What do they mean by recent politics? They mean bills like these as well as similar things coming down from the Trump administration.”

He added that he asked lawmakers to stop moving the bills forward during the committee process. “Yet forward they move, despite the Republican majority knowing full well that Gov. Evers will veto all five of these bills. They will not become law this session.”

Evers has vetoed similar bills several times over his seven years in office. Each time, he has promised to veto “any bill that makes Wisconsin a less safe, less inclusive, and less welcoming place for LGBTQ people and kids.”

Spreitzer said Senate and Assembly Democrats would sustain those vetoes if necessary.

One bill passed by the Senate is SB 405, which would create a civil cause of action against health care providers who perform gender transition procedures on someone under the age of 18 if they claim to be injured.

Spreitzer said SB 405 is a “blatant effort to threaten health care professionals with privileged litigation in the hopes that it will create a chilling effect and that they will stop providing gender affirming care.”

Sen. Melissa Ratcliff (D-Cottage Grove) made personal pleas, speaking to her own experience as the mother of a transgender child during the floor session. She said it would make life harder for transgender children and their families.

“It’s not about protecting children, it’s about controlling them,” Ratcliff said, adding that decisions about gender affirming care are deeply private and should only be made by families and doctors.

“Why are we not helping families instead of burdening them? Why are we attacking children instead of protecting them? Why are we prioritizing culture wars over real problems?” Ratcliff said. “It’s really pretty obvious you want to use kids as pawns in a cynical political crusade. It’s not your kids that you’re using. It’s my kid and other people’s kids being used as pawns. It’s really shameful.”

“Stop bullying trans kids, and stop bullying their families,” Ratcliff said. 

The Senate also concurred in AB 100 and AB 102, which would prohibit transgender students from being able to participate on sports teams that align with their gender identity at Wisconsin K-12 public and choice schools, University of Wisconsin campuses and technical colleges.

Sen. Rob Hutton (R-Brookfield), the lead author of the sports and the civil action bills, said he has met with the “transgender community” while working on the legislation and added that it “doesn’t matter who that is, doesn’t matter what their name is, but all that matters is I’ve been able to reach out.”

Hutton said his bills would help “protect fairness, safety and privacy” in girls’ and women’s sports. He said SB 405 would ensure that there is the “same level of support for those who realize now that the issue that they’re physically dealing with and mentally dealing with, that they were wronged and they believe there should be some accountability to the health care professional.”

The Senate also concurred in AB 103, which would require that school districts adopt policies to inform and get permission from parents before a student would be allowed to use names and pronouns that differ from their legal ones, and AB 104, which would prohibit health care professionals from providing medical gender affirming care for those under 18.

Ratcliff said the bills are part of a political strategy for Republican lawmakers.

“Last year, you weaponized trans kids for campaign points and you’re doing it again,” Ratcliff said. “In both cases, the cost is the same. Real children are being harmed. It didn’t work last year and it’s not going to work this year.”

Wisconsin has a slate of elections coming up this year including a state Supreme Court race in April as well as an open governor’s race and state legislative races that will determine control of the Senate and Assembly.

The only Republican gubernatorial candidate, U.S. Rep. Tom Tiffany, kicked off his campaign by playing up culture war issues including promising to keep transgender girls off of girls’ sports teams. He has also recently released a campaign statement calling on the New Richmond School District to reverse its current policy and bar transgender girls from being able to use the bathroom that aligns with their gender identity.

Sen. Cory Tomczyk (R-Mosinee) accused Democratic lawmakers of  engaging in “political theater” and said anyone who allowed a minor to “make irreversible decisions is a catastrophic failure of parenting and society in general.”

All of the bills except SB 405 will now go to Evers for consideration.

GOP seeks to restrict administrative rules

Republican lawmakers introduced bills — packaged together as the “red tape reset” and supported by the conservative legal group Wisconsin Institute for Law and Liberty (WILL) in May. The bills would increase legislative control over decisions made by executive agencies. Republicans have increased their efforts to limit and restrict agency rulemaking powers in the aftermath of state Supreme Court rulings that limited their ability to block rules.

SB 275 would limit scope statements, which are the first step in the rulemaking process, so they could only be used for one proposed rule. 

SB 276 would allow those who have challenged the validity of administrative rule to receive attorney fees and costs if a court declares a rule invalid. 

SB 277 would have all administrative rules sunset after seven years unless a rule is adopted again through an agency process.

SB 289 would require agencies to make cuts to offset the cost associated with new regulations.

Each bill passed 18-15 along party-lines. They will now go to the Assembly for consideration.

Democratic lawmakers did not speak on the bills during the floor session.

Megan Novak, the Americans For Prosperity Wisconsin state director, said in a statement that Wisconsin has been overregulated and that has restricted its economic growth.

“Between our excessive regulations and the misguided decision by our partisan Supreme Court that removed a necessary legislative check on the governor in the rulemaking process, Wisconsin businesses and families deserve regulatory relief,” Novak said. “These bills are a welcome step to get Wisconsin back on the right track.”

Grooming bill heads to Evers

The Senate concurred in a bill that would make “grooming” a felony crime in Wisconsin. 

The bill was introduced after a report from the CapTimes that found there were over 200 investigations into teacher licenses stemming from allegations of sexual misconduct or grooming from 2018 to 2023, though authors of the proposal say they have been working on the legislation for longer.

Sen. Jesse James (R-Thorp) told reporters ahead of the floor session that the bill would protect “our vulnerable population from supposed trusted adults who would do our kids harm.”

“I can’t bear to think of the many dangers my grandkids will face, however, with this bill, I can sleep just a little bit better,” James said, adding that the bill would act as a deterrent to tell people that “our kids are not targets.”

The bill would define grooming as “a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of producing, distributing or possessing depictions of the child engaged in sexually explicit conduct.”

Under the bill, a person convicted of a grooming charge would be guilty of a Class G felony. The charge would increase to a Class F felony if the person is in a position of trust or authority, and to a Class E felony if the child has a disability and to a Class D felony if the violation involves two or more children. A convicted person would need to register as a sex offender.

The bill, which passed the Assembly 93-6 last month, will now go to Evers for consideration. 

Another bill that was introduced following the CapTimes report passed on a voice vote. SB 785 would require the Department of Public Instruction (DPI) to maintain an online licensing portal that is searchable by the public at no cost. The portal would need to include information on license holders under investigation and the name of individuals who have had their licenses revoked.

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