Confidentiality: The district shall ensure that all personally identifiable and medical information relating to transgender, nonbinary, and gender-expansive students shall be kept confidential in accordance with applicable state, local, and federal privacy laws. School staff should not disclose any information that may reveal a student’s gender identity to others (not including parents or guardians) unless legally required to do so or unless the parent/guardian and student has authorized such disclosure. Transgender, non-binary, and gender-expansive students generally have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share private information. If a student chooses to use a different name, to transition at school, or to disclose their gender identity to staff or other students, this does not authorize school staff to disclose a student’s personally identifiable or medical information.
Title IX, Education Amendments of 1972:Title IX ensures that no person is discriminated against because of their gender in any academic program including, but not limited to, admissions, financial aid, academic advising, housing, athletics, recreational services, health services, counseling and psychological services, classroom assignment, grading, and discipline. Although Title IX does not expressly address gender identity or expression, this law has been used in the protection of students who are transgender and gender-expansive against discrimination because discrimination based on gender identity may qualifify as sex discrimination.
State of Wisconsin Law
Wisconsin Statute 118.13:This state statute prohibits discrimination against students. It states that no one “may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person’s sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.”
Wisconsin Statute 118.46:This state statute explains Wisconsin school districts must have student anti-bullying policies and what must be included in such policies.
