Parental Rights Clash with School Policies in Wisconsin

Clear Facts

• A complaint has been filed against Milwaukee Public Schools (MPS) for keeping parents uninformed about their child’s gender identity changes at school.
• Organizations are urging the Trump administration to investigate and potentially withdraw federal funding from MPS if they do not amend their policy.
• The complaint cites violations of federal laws, including the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

A controversy is brewing in Wisconsin as Milwaukee Public Schools (MPS) faces a complaint over its policy of not informing parents when their children identify as a different gender at school. Several organizations advocating for parental rights have taken a stand, calling on the Trump administration to investigate this policy and consider withdrawing federal funds if no changes are made.

The Alliance Defending Freedom (ADF), Wisconsin Institute for Law & Liberty (WILL), and Parents Defending Education (PDE) have filed a complaint urging Education Secretary Linda McMahon and Attorney General Pam Bondi to take action. These groups argue that MPS’s policy violates federal laws such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

“The Department should also require MPS to notify the parents of any child for whom MPS maintains a secret gender support plan without the parents’ awareness,” the complaint states. The policy in question directs staff to treat gender-related information as “confidential” and to exclude it from students’ official records.

The forms used in MPS’s “Gender Inclusion Guidance” inquire whether parents are aware and supportive of their child’s gender identity. If not, the forms ask how communication between school and home should be managed. ADF senior counsel Kate Anderson emphasized the importance of parental involvement, stating, “Kids need their parents, especially when they’re struggling with something as complicated as their identity.”

Anderson further explained that the federal government has the authority to investigate and withdraw funding from schools that do not comply with statutes like FERPA and PPRA. This issue is not isolated to Wisconsin. The U.S. Department of Education (DOE) has already launched investigations into similar policies in California and Maine.

Luke Berg, Deputy Counsel for WILL, reinforced the significance of parental rights, saying, “Federal law recognizes the parental role, yet school districts around the country have been flouting parental rights.” He expressed hope that with the support of a new administration, these secret transition policies could be eradicated.

The complaint highlights a broader trend, noting that “over a thousand school districts around the country have adopted policies to hide gender transitions at school from parents.” MPS’s guidance allows students to be addressed by their chosen name and pronouns without notifying parents, warning school personnel to avoid revealing a student’s gender identity when communicating with parents.

With several lawsuits already filed in states like Michigan and New York, the debate over parental rights and school policies continues to escalate. The First Circuit Court of Appeals recently upheld a Massachusetts school district’s similar policy, asserting that “parental rights are not unlimited.” As this issue gains national attention, the outcome of the complaint against MPS could have far-reaching implications.

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