Whitnall School Board considers pronoun policy crafted by conservative law firm

Taking language from a conservative organization, a Whitnall School Board member has proposed a policy that would forbid school staff from using students’ chosen names and pronouns without written permission from their guardians.

On Monday night, board member Karen Mikolainis urged her colleagues to consider the model policy from the Wisconsin Institute for Law & Liberty, which is currently suing multiple school districts over policies that support transgender students.

Most other board members Monday were skeptical of the proposal, leaving its future unclear.

After some board members shared their concerns, Mikolainis withdrew her motion for the board’s policy committee to discuss her proposal at its next meeting. Instead, she urged board president Jason Craig to use his authority to place it on the committee’s agenda. Craig didn’t immediately reply to a question from the Journal Sentinel about whether he would do so.

The proposal goes against recommendations from the state Department of Public Instruction and numerous organizations that support LGBTQ+ youth, which emphasize respecting names and pronouns that students feel most comfortable with.

"For children to access learning, we must provide a safe, effective and welcoming learning environment in our schools," said Abigail Swetz, communications director for DPI.

Here's what we know about the Whitnall proposal.

What would the 'Student Gender Identity' policy do?

Under the Student Gender Identity policy presented Monday, staff would not be allowed to call minor students by names or pronouns that "differ from their biological sex" without written permission from a guardian.

Staff may also inform parents if they have "reason to believe" that a student is transitioning or "seeking to transition."

Additionally, the policy would prohibit school staff from diagnosing or treating any mental health conditions related to gender dysphoria — a feeling that some trans people experience when not affirmed in their gender identity.

What is the Wisconsin Institute for Law & Liberty?

The Wisconsin Institute for Law & Liberty (WILL) is a conservative law firm that last year started publicizing model policies for school boards, including the Student Gender Identity policy.

The law firm is a nonprofit that has annually received millions of dollars from right-wing donors, including the Charles Koch Institute, the Lynde and Harry Bradley Foundation and Bradley Impact Fund.

The model policies align with many of WILL's lawsuits and actions, which have opposed efforts in public schools to specifically support LGBTQ+ students and students of color.

Cory Brewer, an attorney for WILL, said she wasn't aware of other school board members who have directly introduced WILL's model policies at board meetings, though many have expressed interest and may have done so.

"It's not something we're tracking, and it is difficult to know because in other instances where we've seen communities and parents and school board members interested and demand these types of parental involvement policies, they don't always include them on WILL letterhead," she said.

Other school boards, including those in Muskego, Germantown, Arrowhead and Waukesha, have already enacted similar policies.

What did other Whitnall board members say about the policy?

Mikolainis said she brought forward the proposal because she heard from some high school parents that students were asked to share their pronouns in class as the school year began. She said she thought the district needed to provide clarity to staff on using students' pronouns.

“This is an urgent issue to address now to provide clarity for this school year," she said.

Two board members, Craig and board vice president Cassie Rainer, shared Mikolainis' view that parents should be informed about names and pronouns used by students at school, though they didn't explicitly state whether they would support the model policy.

“Parents are the ultimate decision-makers regarding their children; that is my position, it will not change," Rainer said.

Rachel Scherrer, a board member who missed the meeting but sent a statement to be read by Craig, said she didn't think the board should use a policy from a political group.

Scherrer's statement also referenced research about the importance of healthy relationships between students and teachers, adding about the proposed policy: "I believe that such a policy places teachers in an unnecessary exposed position and undermines their critical relationship building with students."

Board members Quin Brunette, Kevin Stachowiak and Jesse Stachowiak said they didn't see a need for the policy and that they heard from many staff and community members who didn't support it.

“We heard from the community … about how there is no tolerance or appetite for any such thing like this," Stachowiak said. "Why are we trying to create a problem where there is no problem?”

Board members also noted the district pays Neola, a company that specializes in writing school board policies, for help with policies. Brunette asked whether Mikolainis consulted with Neola. Mikolainis didn't answer the question.

Former Whitnall School Board member LuAnn Bird also returned to the board room Monday as a resident to call on board members to "reject special interest groups" like WILL as they create policies.

How has the Whitnall community responded?

A few people who shared written comments with the board Monday said they supported the proposed policy and wanted parents to be informed of students' transitions.

Most others who shared comments and spoke at the meeting said they opposed the proposal, including a Whitnall High School student who said they were nonbinary.

"Even though my mother knows and understands how I feel and how much this means to me personally, I know other parents will not understand how it feels to be in a body that doesn’t feel like you’re own," the student said. "Please keep your students safe by keeping them seen and heard."

Sarah Blonsky, a district parent, said she didn't think school staff should have to get parental permission to respect a student's identity — even if it were to come up with her own child.

"First and foremost, I want my child to be safe," she said. "If they don’t feel safe with me, I want them to feel safe with someone. If that person is a teacher, that’s great."

What is the next step for the proposal?

Board members did not vote on the proposal Monday or establish the next step for the proposal.

Mikolainis suggested it could be placed on a future agenda of the Whitnall School Board's policy committee or regular board meeting. Those agendas will be posted on the school district's website.

Contact Rory Linnane at rory.linnane@jrn.com. Follow her on Twitter at @RoryLinnane. 

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This article originally appeared on Milwaukee Journal Sentinel: Whitnall weighs Wisconsin Institute for Law and Liberty pronoun policy