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In short, the Department of Education’s Office of Civil Rights (not President Obama) investigated the situation and held that a “preponderance of evidence” demonstrated the school’s actions were in violation of Title IX.
The issue was not whether the student would be allowed to use the girls’ locker room (something which had already been agreed to), but whether the student could be forced to use a “privacy curtain” while doing so.
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Boys and girls are in separate locker rooms — where there are open changing areas and open shower facilities &mdash’ for a reason.
Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions.
Under federal law, federally funded institutions can lose some or all of their Title IX funding should they fail to comply with the law’s provisions, and the Office of Civil Rights found that the high school in question had discriminated against the student under that law.
If the school remains out of compliance, it stands to lose Title IX funding (under a 1972 federal law adopted more than 30 years before President Obama was sworn into office).
“[Privacy] is not voluntary, it’s mandatory for her,” Knight said.
“It’s one thing to say to all the girls, ‘You can choose if you want some extra privacy,’ but it’s another thing to say, ‘You, and you alone, must use them.’ That sends a pretty strong signal to her that she’s not accepted and the district does not see her as girl.” For the student at the center of the federal complaint and all other transgender students at the district’s five high schools, the staff changes their names, genders and pronouns on school records.
Noting that the student (whose identity was elided due to her age) had identified as a girl for a “number of years,” the paper reported that the government investigation began in 2013 after the girl was subjected to locker room segregation involving a special “privacy curtain”: Illinois’ largest high school district violated federal law by barring a transgender student from using the girls’ locker room, authorities [have] concluded. The student, who has identified as a girl for a number of years, filed a complaint with the Office for Civil Rights in late 2013 after she was denied unrestricted access to the girls’ locker room.