Transgender and gender-nonconforming students have the right to be safe and be themselves at school.
Public schools have a responsibility to create a safe learning environment. Wisconsin school districts are required to comply with federal law prohibiting discrimination based on a student’s sex— and generally also gender identity.
Here's everything you need to know about what to do if you are a transgender or gender nonconforming student experiencing harassment or discrimination at school.
Bathrooms and Locker Rooms
Public schools in Wisconsin, Indiana, and Illinois are legally required to allow students to use the restroom and locker room consistent with their gender identity. Denying trans students this right is a violation of both Title IX and the Equal Protection Clause of the Fourteenth Amendment.
Activities
Under Title IX, you have a right to participate in all school activities, consistent with your gender identity. Several courts have confirmed that denying transgender girls the right to play school sports is a violation of Title IX. If you are being denied the right to join a school sports team due to your transgender status, we encourage you to contact the ACLU of Wisconsin immediately.
If a public school permits any noncurricular clubs — clubs that aren’t directly related to classes taught in the school — then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school can’t treat it differently from other noncurricular clubs.
Dress Codes
Public schools can have dress codes, but under federal law, dress codes can’t discriminate against students based on their gender, force students to conform to sex stereotypes, or censor particular viewpoints.
Schools can’t create a dress code based on the stereotype that only girls can wear some types of clothes and only boys can wear other types of clothes. For example, your school can require that skirts must be a certain length, but it cannot require that some students wear skirts and prohibit others from doing so based on the students’ sex or gender expression. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
Public schools cannot force students to wear clothing inconsistent with their gender identity. This also applies to homecoming, prom, graduation, and other special school events. Schools shouldn’t require different types of clothing for special events based on students’ sex or gender identity — for example, tuxedos for boys and prom dresses for girls.
Pronouns
Schools sometimes claim that they can’t honor the names or pronouns that correspond with a student’s gender identity because they can only use legal names. This simply isn’t true.
In fact, we defeated a challenge to Madison Metropolitan School District’s policy of respecting students’ preferred names and pronouns.
There is no law that says schools can only use your legal name on class rosters, student IDs, or the yearbook. If you get a legal name change, your school should also update all your official records to match your new legal name.
Rights Violations
If you believe your rights have been violated, first file a complaint with your school district. Learn more by watching our video about how to report discrimination at school.
Wisconsin Statute 118.13 requires school districts to have a formal complaint process called "pupil nondiscrimination." This should be in your district's school board policy manual, or you can call your district's human resources or student services director to ask what steps you need to take.
Document everything. Take notes and keep copies of who was involved, what happened, where it happened, when it happened, who you reported it to, witnesses, etc.
If anyone at school harasses or threatens you, it’s crucial that you report every incident to a principal or counselor. Usually, schools must be put on notice before they can be held legally responsible for protecting you.
Title IX’s regulations explain the steps that public schools must take when a complaint or report of sex-based discrimination is received.
You can also contact the ACLU of Wisconsin by filling out our legal intake form so we know about noncompliance.
