A federal agency says High School District 211 in Palatine Ill has violated antidiscrimination laws by denying unrestricted locker room access to a transgender student who identifies as female

Lawsuit over Illinois district's transgender policy is dropped

April 16, 2019
Parents group decides to end its legal challenge of Palatine-Schaumburg High School District 211 over a transgender student's limited access to a girls locker room.

A group of parents and students have dropped their federal lawsuit against a suburban Chicago school district over policies allowing a transgender student limited access to a girls locker room.

The Daily Herald reports that the decision to drop the case comes just weeks after a judge dismissed portions of the suit, including counts alleging that Palatine-Schaumburg High School District 211 violated others students' rights to bodily privacy and their parents' rights to direct their education.

"The district will continue our practices of affirming and supporting the identity of our students with access to bathrooms and locker rooms," District 211 officials said in a written statement after the case's dismissal.

The American Civil Liberties Union of Illinois, which joined the case on the side of the school district, welcomed the dismissal.

"Over the course of nearly three years of litigation, one thing remained clear," says John Knight, LGBTQ & HIV advocacy director for the ACLU of Illinois. "There has never been any harm to non-transgender students from sharing restrooms and locker rooms with students whom they perceive as different. The only harm has been to transgender students who have been targeted with fearmongering and misinformation."

The group Students and Parents for Privacy sued District 211 in 2016, after school officials reached a deal with the U.S. Department of Education that allowed a student known in documents as Student A limited access to girls locker rooms at Fremd High School. Student A graduated from Fremd in 2017.

Under the policy, the student was allowed access to the girls locker room, but was required to change in a privacy stall. The stalls were available to all students.

The Arizona-based religious freedom organization Alliance Defending Freedom has been representing Students and Parents for Privacy in the lawsuit. Its senior counsel, Gary McCaleb, could not be reached for comment.

Though it sided with District 211 on the federal case, the ACLU continues to represent former student Nova Maday in a state lawsuit against the district. The suit contends that District 211's policy is restrictive and discriminatory.

"Students who are transgender have never been a threat to anyone in this school or elsewhere," Knight says. "This moment is an opportunity for District 211 to reject this cruelty and become a model for tolerance and humane treatment for all students, including those who are transgender."

About the Author

Mike Kennedy | Senior Editor

Mike Kennedy, senior editor, has written for AS&U on a wide range of educational issues since 1999.

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