In a Nov. 2 letter to Superintendent Dr. Daniel E. Cates, the U.S. Department of Education Office of Civil Rights (OCR) stated that Township High School District 211 in Palatine, Illinois, has sexually discriminated against a transgender woman by refusing to provide her access to a gender-appropriate locker room in which to change clothes before and after physical education classes.
The American Civil Liberties Union of Illinois (ACLU) called the decision a "landmark ruling."
Despite acceptance by her fellow classmates, the student—who began transitioning at an early age with the full support of her family—had been told by District 211's board that she had to use a separate and private changing area.
The OCR's findings are the culmination of her two-year fight against the district in which she was represented by the ACLU's director of the LGBT & HIV Project, John Knight.
"Based on the specific facts and circumstances of this case, OCR concludes that the District, on the basis of sex, excluded student from participation in and denied her the benefits of its education program, provided her different benefits in a different manner, subjected her to different rules of behavior and subjected her to different treatment in violation of Title IX," the OCR wrote.
Title IX states that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
"What our client wants is not hard to understand. She wants to be accepted for who she is and to be treated with dignity and respect—like any other student," Knight said in an ACLU press release. "The District's insistence on separating my client from other students is blatant discrimination."
The student herself stated that "This decision makes me extremely happy—because of what it means for me, personally, and for countless others. The district's policy stigmatized me, often making me feel like I was not a 'normal person."
"The Department of Education's decision makes clear that what my school did was wrong," she added. "I hope no other student, anywhere, is forced to confront this indignity. It is a good day for all students, but especially those who are transgender all across the nation."
Paul Dombrowski has volunteered for 10 years with Pride Youth which began as a drop-in center in 1996 for LGBTQ high school students in the Northwest Suburbs.
According to Dombrowski, this isn't the first time an LGBTQ student has had to go up against District 211.
"I've seen probably 30 LGBTQ students who went or go to District 211," Dombrowski told Windy City Times. "Four years ago, the GSA [Gay Straight Alliance] that was happening at the time wanted to get T-shirts made. The T-shirts had a list of check boxes—gay, straight, lesbian, transgender and human. The box marked human was checked and initially the school wouldn't allow them to print the shirts. The teenagers had to fight for it."
"There is a transgender student who has been trying to get her name changed on her [school] ID since last year," he added. "Her birth and chosen name both have the same initial. The district wouldn't let her change names but allowed her to put her first initial on the ID. So reports that the District is allowing students to change names on ID's just aren't true."
Dombrowski stated that the faculty have been supportive and used the girl's chosen name but that the District maintains that it cannot be changed on school records.
He also said that the student is also forced to change clothes in the nurse's office restroom. "She puts her headphones on so she can't hear people commenting outside the office," Dombrowski said. "She hates it. She has to change her clothes in the toilet. What kind of message is that sending?"
According to the OCR's investigation, the student in the ACLU's case also had to use the nurse's office or in a restroom "down a 75-foot hallway and, in order to avoid drawing increased attention to her separate arrangement, [she] took a long and circuitous route daily in an attempt to enter the gymnasium unnoticed."
Dombrowski did not know if it is the same student with whom he has been working.
"We're incredibly happy for the student and this family," ACLU of Illinois Director of Communications of Public Policy Ed Yohnka told Windy City Times. "They've waited a long time for this decision but we are very pleased we have reached this moment where their sense of what they think is right for their daughter has been validated by the federal government and by people at the highest levels of the Department of Education."
The OCR gave District 211 thirty calendar days to comply with its findings that the student should be given access to locker rooms consistent with her gender or face enforcement which may include removal of federal funding or legal action through the Department of Justice (DoJ).
"We are thrilled that [the Department of Education] has sent a very strong single through this finding to school districts, not only across the area but across the country, that this is the way they intend to interpret Title IX going forward," Yohnka said.
The ACLU criticized an effort by District 211 "to pre-empt the Department of Education's ruling" by engaging "in a comprehensive public relations campaign over the past two weeks, including a news event on October 12th announcing that they would reject the decision issued today. Sadly, the District has mischaracterized the facts in the case and engaged in disparaging remarks, including statements indicating their belief that the young girl is not "really" a girl."
"What happens is the Department issues its preliminary findings just to the parties [involved]," Yohnka stated. "There's then an opportunity for negotiations. We thought that could have been very productive. Instead the District went out and attempted to portray themselves as the victims of overreach by the government. It really wasn't. The Department interpreted Title IX in the way that they're supposed to."
Dombrowski believes the district is caving in to some members of the Palatine community.
"If you have a vocal minority in the community who don't agree with this for whatever reason, the fistrict doesn't want the negative publicity and the vocal members of the community will provide that," he said while noting that it is quite a different story in the neighboring Barrington School District. "They've been giving access to locker rooms for transgender students for a while and they've had no issues with it. I think the fistrict has made this a bigger deal than it really is."
"We are on the right side legally with this," Yohnka said. "I think this decision ought to start a broader conversation among school officials about ways to be more inclusive, putting in place appropriate policies so that students who are transgender are able to participate fully and aren't ostracized. There's lots of school districts that could have a better policy. CPS [Chicago Public Schools] could have a better policy—they essentially leave it up to each individual school. Getting this decision was not the end of the road; it is really the beginning."
