Why a School District Is Finally Allowing a Trans Student to Use the Girls' Locker Room

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A transgender student’s battle with her school district over her right to use the girls’ locker room has ignited a local and national dispute over the rights of transgender students attending public schools. The longstanding disagreement originated in 2013, when the student filed a complaint with the American Civil Liberties Union against the district for denying her access to the locker room. Last month, the U.S. Department of Education gave Township District 211 30 days to reach a compromise or “risk the loss of millions of federal dollars and face a possible lawsuit,” the Chicago Tribune reports.

According to the Washington Post, it’s the first time a school district was found to be violating Title IX (which prohibits discrimination in educational institutions) because of transgender issues.

On Wednesday night, the school board finally voted to offer the student the right to change and shower in a curtained-off section of the girls’ locker room — which isn’t exactly the victory we were hoping for. District 211 Superintendent Daniel A. Cates said in a statement following the decision, “The agreement protects student privacy and will best serve our total school community. From the outset, our public statements have consistently conveyed the District’s position that unrestricted access by transgender students in our open locker rooms is unacceptable because gender is not the same as anatomy.”

Parents in the district echo this antiquated and frankly intolerant sentiment. “People have the right in this country to live their lives the way they see fit, and I respect that,” Jeff Miller, a parent who, like hundreds of other parents, attended the Wednesday board meeting. “When it starts infringing on other people's rights, that's when it becomes a problem." Makes sense, but doesn’t that also mean that Miller’s beliefs shouldn’t infringe upon transgender students’ rights?

Additionally, the policy does not apply to other transgender students in the district. The only reason this specific student will get to use the girls’ locker room is because the federal government got involved. "The agreement strikes a balance between respecting individual privacy while ensuring that all students receive the opportunity to participate equally in school programs and activities," Catherine Lhamon, the Department of Education’s assistant secretary for civil rights, said in a statement. She explained that because the district has agreed to follow Title IX, and not discriminate based on sex, the agreement should apply to all students. According to the Washington Post, “though the student has said she wants to change in private, the agreement does not require her to do so.” But the expectation, on the district’s end, is that yes, she will be using the curtained-off areas.

John Knight of the Illinois ACLU, who represents the student, said, "Districts that care about the safety and dignity of their transgender students make it clear up front that gender-appropriate restrooms and locker rooms are available, rather than putting the burden on transgender students to fight for what the law requires.”

Related: Why One School Canceled a Reading of Trans Teen Jazz Jennings's Book

Check out Teen Vogue’s December/January issue cover star, Fernanda Ly.