(ABC 6 News) – Two Midwestern law firms (The Wisconsin Institute for Law & Liberty) and (the Upper Midwest Law Center) are threatening legal action over Rochester Public Schools’ newly adopted transgender policy, saying they will pursue legal action if the district transitions a child without parental notice.

The new guideline surrounding transgender students does not require school staff to inform parents if their child is displaying a different gender identity at school than at home.

While the potential of a lawsuit may be looming over RPS, they are continuing to stand by their policy even after public backlash.

“We have been explicit that we will provide parents with any information we possess, but we’re also not going to police gender identity,” RPS superintendent Dr. Kent Pekel said.

In a letter sent last week by the Wisconsin Institute for Law and Liberty, they said the policy violates parental rights.

Arguing the constitution guarantees parents the right to make decisions about the rearing of their own children.

RPS says they’re not hiding anything because all the parents would have to do is ask staff about any information regarding their child identity.

“Although they can ask for it, they won’t know to ask for it if the school district doesn’t notify them or get their consent prior to transitioning a child,” WILL litigating attorney Luke Berg said.

While some believe that information should be available to them no matter what, others say it’s something that should be dealt with at home.

“If they don’t know their children well enough to know what’s going on with them, it shouldn’t be the job of the teachers to inform the parents of who their child is,” Karen Springer said.

Even though the lawsuit hasn’t been officially issued yet, the Wisconsin Institute for Law and Liberty has one request for RPS.

“It’s very very simple, it’s make parental consent a prerequisite before staff will treat a child as if he or she is the opposite sex,” Berg said.