THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

More than 600 people attended the emergency meeting of the Township High School District 211 Board of Education, which was called at James B. Conant High School in Hoffman Estates, in the heated aftermath of an initial agreement reached with the Office of Civil Rights (OCR) of the Department of Education in the early morning of Dec. 3.

Shortly after that agreement was announced, the board ended up in disputes with both the OCR and American Civil Liberties Union—Illinois, which represented the student, over the resolution's terms, and called the Dec. 7 meeting to clarify the matter.

The student, who has maintained her anonymity throughout, will be allowed to access a designated part of the locker room, separated by a curtain, to change. Additionally, the agreement applies only to the student in question, and will not be a set policy applicable to other students.

The board presented a Dec. 7 letter from OCR Assistant Secretary for Civil Rights Catherine L. Lhamon to District 211's attorneys clarifying those terms: "… [The] agreement provisions specific to locker room access apply only to Student A and the District's agreement to provide Student A access to locker rooms is based on the student's representation that she will change in the private changing stations." Under the agreement, the district admits to no violations of federal law.

Lhamon had made statements to the media the week before suggesting that the student would have unrestricted access to the locker room and that the policy would be set forth for all students. That, in turn, resulted in District Superintendent Daniel Cates threatening to rescind the agreement.

Board President Mucia Burke announced the resolution. She said, "We are disappointed that the OCR made an already very difficult, passionate and emotional issue very confusing with their very apparent misstatements and lack of clarity in describing the agreement. We are gratified, however, to receive the letter today that provides official clarity and removes any confusion surrounding the plan our board approved early on December 3."

"We believe this is the best course of action for this student while balancing the needs of all the teenage students in our district," Burke added. "The District will accommodate gender-identified locker room access for the student predicated on agreement to use the privacy measures provided. We are installing privacy curtains in our locker rooms, with the assurance that this student will use them. Any student currently using the locker room may also choose to change in the privacy curtains. The agreement applies to this student only, and it recognizes that in doing so, the District does not admit any violation of federal law or regulations."

Tempers occasionally flared at the meeting, which had public comments halted when an audience member objected to the number of presenters who were from out of town. A number of trans-rights activists and others had attended in order to support the student. Some parents and community members felt, however, that those supporters had no connection to the business of the district. One parent acknowledged that he was indeed angry about the matter, and that the board did not seem to be acknowledging its importance to the community, adding, "If it wasn't so important, all these astroturf people would not be here from Chicago."

Some students said that they supported the trans student. One speaker urged the board to, "Please remember, we the students are looking to you in how we treat each other in the times of difficulty and disagreement," before adding a message to the trans student and her family: "Your daughter has an army of her peers supporting her."

But other students maintained having a trans student in the locker room would add to even more insecurity about body image, a common problem in adolescence. Many also said that those against the student being in the locker room were the ones being bullied, since they were being branded as intolerant and bigoted.

Supporters of the student, however, maintained that upholding the agreement would be the best course of action for the safety of the student and others like her.

Owen Daniel-McCarter, project attorney at Transformative Justice Law Project of Illinois and the policy and advocacy director of the Illinois Safe Schools Alliance, read a statement from a Berwyn School District 100 official urging the board to carry the agreement through. That district had just implemented a comprehensive policy to ensure transgender safety in its schools.

Activist Roger Fraser, a retired schoolteacher, told the board that it would bear responsibility should the student find herself being bullied and singled out. "The responsibility lies with you," Fraser said. "If the vote doesn't resolve this issue, you are going to have a disaster on your hands."

Audience members grew impatient as the evening stretched out, with several yelling comments to various presenters. Some got into disputes with their perceived-opponents who were standing nearby. When the board voted to resolve the matter in a closed-session, several yelled that they were cowards.

The resolution came shortly before midnight. By that time only about 60 people were left in the audience.

Dorie Nolt, Department of Education press secretary, said in a Dec. 8 statement, "We are pleased that the district has chosen to live up to the binding agreement it made and to its obligations under federal civil rights law. The agreement reached between the Department of Education and the district protects civil rights as well as student privacy. We look forward to continuing to work with District 211 to fully and effectively implement the terms of the resolution agreement."

Ed Yohnka, director of communications and public policy for ACLU—Illinois, told Windy City Times, "The most important thing to remember is that there is an agreement in place. The student and her family want more than anything to move on. What the student always said she wanted, in terms of a place to undress, was to have those curtains available."

He added that, though this policy applies just to this one student, a mechanism of sorts is now in place should future students come forward with the same issue. "We believe that, simply based on raw numbers, that there are other transgender students in the district. … This shows that we need guidance from OCR, the Department of Justice, and state and local officials in dealing with these matters."

Yohnka also said that, given the tenor of several of the remarks presented, "We have a long way to go in educating the public about transgender people and the challenges that transgender people face."

See related coverage, Feelings charged between sides at District 211 meeting, at the link: www.windycitymediagroup.com/lgbt/Feelings-charged-between-sides-at-District-211-meeting/53607.html .

The following is testimony give by Paul Dombrowski, from a speech written by Paul and his partner Joe Serio:

My name is Paul Dombrowski. I am an educator in District 15 in Palatine, I live with my husband Joe Serio in Palatine township. I have been a volunteer with Pride Youth for 10 years and I am an advocate for LGBT kids. I am here tonight to STRONGLY urge this school board to act in the best interest of the specific youth who has been brave enough to stand up and ask for her basic rights as well as the best interest of the youth who might not be so brave, or who have yet to enter into this district.

For 26 years I have been teaching MY students, YOUR children,

to be kind,

to be respectful,

to learn about each other,

to treat others as they wish to be treated,

to listen to others points of view,

to embrace the things that make us different,

and to celebrate diversity.

Unfortunately, the following statistics from the 2011 GLSEN School Climate Survey are a grim reality on what going on in our schools today.

61% of transgender students hear disparaging remarks from peers about their gender identity

57% report hearing similar remarks from their teachers.

64% of students who are gender diverse report being physically harassed.

27% report physical harassment.

District 211 has the opportunity to act in the best interest, not only of these students, but in all their students. Instead, they seem paralyzed by fear of a very vocal minority.

Instead of yielding to the pressure of these interest groups, where has the community education been? Where has the outreach to groups who specialize in serving transgender youth been?

As an educator, and an advocate for LGBT youth, It saddens me to see how D211 has handled this situation. Rather than make it learning experience, they made it more divisive. A parent/student information night focusing on transgender youth and their rights would have been far more productive in coming up with a solution than the district's choice to have Dan Caits interviewed on FOX News.

Student services, consisting of school social workers, school counselors and school psychologists, are charged with assisting students in maximizing their academic achievement while increasing their life opportunities during and after their high school career.

All of the major professional organizations represented in student services are in agreement that it is their obligation to provide a supportive and safe environment for transgender and gender identity diverse students. For example—on Sept. 1, 2015 the American Association for School Counselors stated: Transgender students must be allowed to have equal access to school facilities and to be treated according to their gender identity.

American Psychological Association division of school psychology made this recommendation to school administrators: All students are entitled to have access to restrooms, locker rooms and changing facilities that are safe, sanitary, and adequate. Students should have access to all restrooms that correspond to their gender identity —

I started my time tonight by citing some statistics. Perhaps the most alarming statistic is that 40% of people identified as gender nonconforming attempt suicide. This is not because of any flaw or defect in these people themselves, but in how they are received by their society.

Continuing to ignore the needs of these students makes district 211 part of a much larger problem.

Truthfully, this issue doesn't seem to need much discussion,

Title 9 is a FEDERAL LAW prohibiting sex discrimination in schools. Courts and the U.S. Departments of Justice and Education have concluded that discrimination because a person is transgender or gender non-conforming is ILLEGAL sex discrimination. Title 9 applies to ALL schools that accept federal funds, including all public schools.

Transgender students and gender non-conforming students have the LEGAL RIGHT to choose to use restrooms and other facilities that are consistent with their gender identity, and CAN NOT BE FORCED to use separate restrooms or changing facilities…It's a simple as that, it's the LAW.

This isn't a political issue, this isn't a religious issue, it's a LEGAL issue. District 211 has been breaking the law and has been found discriminatory against transgender students by not allowing unrestricted use of the gender appropriate locker room that's consistent with their gender identity.

Again, I urge the board to accept and implement the recommendations by the Federal Department of Education's Office of Civil Rights by creating an open and welcoming environment for ALL students DISTRICT WIDE.

I urge the parents in the room tonight to ask themselves, "What would I want for my child if they were transgender?"

I congratulate the girl and her family that filed suit in this case. They are true heroes in the fight for equal rights for all students.

In a world, that seems to be on the verge of exploding, the last thing we need to do right now is create more bigotry, intolerance, and division. As educators, as parents, as community members, as human beings … I urge you to foster tolerance and work towards acceptance for ALL.

The following is a speech posted on Twitter from Julia Clarke and D211 Students and Alumni for Access:

Hello, my name is Julia Clarke and I'm a senior at Palatine High School. I'm here tonight to represent a growing group of students, parents, teachers, and alumni. We are D211 Students and Alumni for Access, and we believe that the district should grant this young girl unrestricted access to the locker room of her choice.

As the largest high school district in Illinois, District 211 has the unique responsibility and the unique opportunity to set a precedent for the whole country by extending the right of unrestricted locker room access to all students. As a student, I have been told that I am directly affected by the allowance of Transgender students access to the locker room of their chosen gender. At the same time, I have been told to be silent about this issue, as it is an adult problem, with adults making the decision. But I will not be silent. I will feel no amount of discomfort if a trans student uses the locker room with me without privacy curtains. I will feel no endangerment if a transgender student changes next to me in the locker room. But I will feel ashamed if a student is ostracized because of their identity. And I am not alone.

Palatine High School's newspaper, the Cutlass, published an article about this issue after conducting a survey including answers from 270 students. They found that over 75% of the students who participated in the survey sided with the transgender student.

Similarly, Fremd student Jake Lytle started a petition in support of the student which has received over 700 signatures.

The board claims to be making this decision by taking into consideration the opinions of the student body. Well, a significant number of the student body has spoken, and we want equality for our trans* peers. It is not enough to provide a separate space for trans students to change in. As I was taught in numerous history classes, Brown v. Board of Education proudly states that separate is not equal. High school can be a pretty scary place to navigate, and we shouldn't make it any harder for some students to fit in by separating them from their peers.

Furthermore, by continuing to separate transgender students, this district could lose millions of dollars in federal funds used for providing services to economically-disadvantaged students. I see everyday how important those services are to many District 211 students. I hope the Board is not willing to gamble with that absolutely essential money by ignoring a federal statute in favor of a close-minded, discriminatory policy.

District 211's mission statement contains the desire to "challenge students to achieve their potential to become contributing, informed citizens capable of meeting the demands of a changing world." In turn, I challenge this district. Our changing world is one that accepts all people, regardless of their gender identity. It's up to the Board of Education, as citizens, to grant transgender students the rights mandated to them by title nine. This district has shown that it does accept transgender students, by allowing them to identify by their true gender, and by addressing them by their chosen name and pronouns. District 211 has an amazing opportunity here to set a precedent of inclusion and acceptance. So I implore you to make that final stride towards equality by giving transgender students unrestricted access to the locker rooms. Thank you.

Transgender journalist and activist Christina Kahrl sent this letter to Superintendent Cates and the board of District 211:

Like many others, I am asking you to stand up for fairness for all students and to affirm your agreement with the Department of Education Office of Civil Rights in tonight's meeting. I would have wished to attend myself, to ask you to do this myself, but I'll be working at my job at ESPN tonight, covering Major League Baseball's Winter Meetings.

The acceptance I found inside baseball, and at ESPN, are not a reflection of any strength or courage I have as a trans person. They are instead the product of the merit that the overwhelming majority of people who are not trans have, and that I hope you have as well. They had a readiness to accept someone across our differences, and to accept that trans folks are people of merit, as peers, colleagues, co-workers, and friends. It is remarkable only because their brand of everyday courage to look beyond difference is not something our society amplifies and praises every day, but it is that same courage that I would ask for you to find within yourselves tonight.

This avoidable fight should not be the source of ongoing discord. As it already stands, this one kid has had a multi-year dent placed in her childhood, and to what end? It is your sworn responsibility to learn from this experience and anticipate the needs not just of this one student, but to anticipate the needs of every student to come.

There is also wisdom in investing the time to learn from the demonstrated experiences of school districts in Illinois and across the country that have already faced this unanticipated challenge. Perhaps no civic institution was founded anticipating the existence of trans people, but many have already proven that with work up front, you can provide understanding and be a model for other school districts. Don't simply sit there waiting to get yelled out by my fellow activists or by parents motivated by empathy. You have the opportunity to work with the leaders of local districts like Berwyn, Barrington, Plainfield, Elgin, and more besides. Reflecting examples from across the country, they've had no problems with the trans kids in their care or with their policies, because in the end, they're not people who need special rules and special administrative solutions — they're just kids, asking for the same deal other kids get.

You can embrace this as an opportunity to place your district among the best, instead of one committed to fighting suits you will ultimately lose, at the expense of the families and students you are responsible to. To do that while doubling down on hurting this one student is not just irresponsible, it is unconscionable, because it is avoidable. You are charged with protecting students. You can do this by affirming the agreement with the Office of Civil Rights, and fulfilling your obligation to her and to all of your students.

Finally, I'm not just writing to urge you to do the right thing, but to volunteer to help you if you need it. It's easy to complain about a thing, to suggest how it ought to be without volunteering a readiness to help make it so. But if you want my help, you've got it, on your terms and however much you need. The right choice may not be the easy choice, but you have plenty of people like me willing to help you make it work, long after the cameras and the reporters go away.

I trust that you will honor your agreement with the Office of Civil Rights. But I also expect that District 211 will fulfill its obligation treat all of their students fairly, equally, and without separation and discrimination. Embrace this opportunity as a chance to do right by this student, all of your students, and all of your students to come. The present and the future will thank you for it.

With hope, Christina

See related coverage, Feelings charged between sides at District 211 meeting, at the link: www.windycitymediagroup.com/lgbt/Feelings-charged-between-sides-at-District-211-meeting/53607.html .