Ben Engelhart, a New Richmond, Wisconsin, school board member, told Wisconsin Right Now that “the superintendent and principals are allowing biological males in the school bathrooms” for girls. His comments followed multiple parents and community members slamming school board members at a contentious board meeting on January 29.
“You should be ashamed. You should be completely ashamed of yourself for letting this happen,” one angry parent told the board. “It’s disgusting! It’s pathetic.”
A YouTube video posted by the page True American captured the raucous New Richmond School Board meeting, in which parent after angry parent demanded to know whether boys (or a boy) were using the girls’ bathroom. The School Board President appeared to dodge many of the questions, citing privacy concerns.
We reached out to Engelhart after that video went viral.
“All I know at this point is that the superintendent and principals are allowing biological males in the school bathrooms. I do not know about the locker rooms yet. I will find out,” he told us on January 30, the day after the meeting, referring to boys in the girls’ bathroom.
“From the comments made last night, it sure sounded like the board president was aware that this was occurring while the rest of the board was not. Needless to say, I was shocked to hear these allegations.”
The School Board’s president was less forthcoming during the meeting, video shows.
“There are concerns about a male student, possibly more, going into the female restrooms and being allowed to do such things,” a parent told the board at one point. “I have heard about that individual…”
School Board President Bryan Schafer stopped the parent in mid-sentence, calling that “rumors,” and demanding, “What is your concern about the policy?” The woman responded, “The concern is the policy is allowing males into female bathrooms, which is not proper, and it needs to be fixed soon. That is what I would like to see handled.”
Schafer responded that the district is “protective,” has strict privacy laws and must follow federal law. He said the issue needs to be placed on a future meeting agenda for the board to “take action and respond to the concerns.”
“It’s our job as a board to ensure we are following state and federal law. That’s what we have been doing. We have been following that law for 10 years,” he added.
The law is actually far from settled on the topic due to a recent U.S. Supreme Court ruling, the impact of which is still evolving.
“Are you confirming that boys are allowed to go into a girls restroom?” a parent challenged, but Schafer responded, “I am not at liberty to say. It’s a private matter. We have been following this law since 1973. We do know we have had a handful of students in this district, who would be considered transgender. That has happened. The staff has done a very good job. This has been going on for years, and the staff has been doing a diligent job working with families, working with children, to ensure the safety of children and following federal law.”
‘Stand Up for What Is Morally Right’
That didn’t satisfy many in the room. “Stand up for what is morally right!” said a parent. “If you can’t stand for what is morality, you don’t belong in education. Stand up. Our creator is watching. Trust me, the judgment will be his. Choose wisely.”
Other parents said they believed they should be informed whether this situation is happening for their children’s safety.
We also reached out to the school principal, board president, and vice president after the meeting, but Engelhart was the only person who responded.
“I do not have all the answers as of now. We will find out more on the February 10th meeting at the high school auditorium at 5 PM,” he continued. “I want to know who authorized this? How long has it been going on? Were any other board members aware of this? Why was this hidden from the board? Why was this hidden from the parents? Why is this happening when we voted to table the Biden title IX rules,” he wrote in response to our inquiry.
The board voted to table those rules in 2024 due to court rulings “by the United States Supreme Court declining to enforce the new Title IX revisions” imposed by the Biden administration.
Engelhart told Wisconsin Right Now that he tried to raise the issue at the Board meeting on January 29 but was not allowed to do so.
Added Engelhart: “I had several students complain, and I confirmed with my own children who attend the high school. Once they confirmed it, I tried to pass a motion to amend the agenda last night, so we could address this issue. Which I consider a much more serious of an issue than school start times. That do not go into effect until next year. Apparently, I’m the only one on the board who felt that way.”
He concluded, “I would love to speak with you again once I know more. I don’t want hearsay or emotions involved. I only want the facts. Thank you for showing interest. We need some honest journalism.”
We asked school principal Nichole Benson, Board President Bryan Schafer, and Board Vice President Kent Elkin the following questions, receiving no response:
Is a biological male (or transgender student) using the girls’ bathroom in your district?
How about girls’ locker room?
Why?
What have you told complaining parents about this?
Any further comment?
Is there a written policy on this and if so what is it?
An email from Benson to a parent circulated online in which she refused to confirm “private educational data” with other students or parents and advised the parent that her daughter could use a single, private bathroom instead.
Benson’s email also claims the district is required by state and federal law to allow transgender students to use bathrooms and locker rooms based on “their gender identity.”
The case law on the topic is actually evolving and complex.
According to WPR, an appeals court upheld a preliminary injunction temporarily barring Mukwonago schools from enforcing a policy that required students to use the bathrooms that corresponded with their biological sex. However, that decision was vacated due to a US Supreme Court ruling that “concluded a Tennessee law does not violate the Equal Protection Clause. The law in that state bans using hormone therapy or puberty blockers to treat gender dysphoria in children.”
In light of that ruling, more briefs were ordered, and the Mukwonago decision is being revisited. The school district sought to have the student’s claim dismissed in the wake of that ruling from SCOTUS.
According to SCOTUS Blog, in September, “The Supreme Court…left in place a ruling by a federal appeals court that requires a South Carolina school district to allow a transgender student to use the boys’ bathroom while the teen’s challenge to a state law that requires students to use the bathrooms that correspond to their biological sex ‘at the time of birth continues.'” That decision was temporary and not a ruling on the merits of the student’s claim, though.
“Federal appeals courts are facing a flood of cases in 2026 that will determine transgender students’ rights in public schools, from their right to play on sports teams to using their preferred restroom,” Bloomberg Law wrote.
“But circuits are largely split on the overarching issues in those appeals, including whether the US Constitution’s equal protection clause and Title IX of the Education Amendments of 1972.”
The Trump administration took the opposite approach from Biden, saying Title IX refers to sex at birth, which has sparked more legal challenges. Various cases are winding their way back to the U.S. Supreme Court.
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