A transgender* District 211 high school student and the student’s family filed a complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education, seeking unrestricted access to the locker room. The school is now facing accusations of discrimination after a decision that could put federal funding at risk for the largest high school system in the state.
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“What they are asking us to do is have opposite sex students in the same open area of the locker room and that we do not do”, said District 211 Superintendent Dan Cates said Monday.
“Transgender students now are a part of everyday American life as society has become more accepting of all kinds of differences.” said John Knight of the ACLU of Illinois in a statement. It has ordered District 211 to allow her access to the girls’ facilities.
Transgender students are allowed to participate on “sex-identified sports teams” and are given private changing stations during regular school days and after-school activities, the district said.
“After serious and lengthy consideration, the district will continue to provide private accommodations for transgender students to ensure a respectful school environment, and will not allow unrestricted access to its locker rooms as directed by OCR”, the district says.
The student, whose name has not been released, first raised a complaint over District 211 with the federal goverment about a year and a half ago.
“This is not about discrimination in anyway”, Cates said.
“Transgender people face a number of problems at school, in particular with bullying and harassment”, said John Knight of the ACLU, “This just makes things worse for a very vulnerable group of people”. A federal agency for civil rights rejected that proposal.
“District 211 has provided individual accommodations in a manner that does not infringe on the privacy concerns of other students, and it will continue to do so”, a message on the district’s website read. The student and the high school involved have not been identified. The district also gives transgender students the option of using the locker room of the gender from which they transitioned. “It is the District’s position that OCR’s unilateral mandate does not consider the best interests of all District 211 students and their families”. This is about protecting student privacy. The office has called the district’s decision not to allow it inadequate and discriminatory, threatening the district with litigation and enforcement action, including potential loss of federal education funding if it does not comply.
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An Education Department spokeswoman said she could not comment because the civil rights investigation is ongoing. “Instead of ostracizing these students and singling them out from their fellow students, schools and communities need to embrace kids who are different and ensure that all are able to be safe, be themselves, and succeed in school”.
