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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.
Transgender students also are allowed to use the bathrooms of their identified gender and play on the sports team of that gender, school officials said.
But officials drew the line at the locker room, citing the privacy rights of the other 12,000-plus students in the district.
But talks stalled after school officials said the student would be required to use the private area, as opposed to offering her a choice to use it.
Although the student said she intends to use the private area or a locker room bathroom stall to change, the stipulation constitutes “blatant discrimination,” said John Knight, director of the LGBT and AIDS Project at ACLU of Illinois, which is representing the student.
If the district does not capitulate, it risks losing federal funding.
President Barack Obama’s Department of Education — which manifestly is not vested with judicial powers — has taken to applying article wherein a more complete (and less editorialized) version of events was described. Department of Education’s Office for Civil Rights spent nearly two years investigating Palatine-based Township High School District 211 and found “a preponderance of evidence” that school officials did not comply with Title IX, the federal law that prohibits discrimination on the basis of sex.
On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities.
In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
As a compromise, the district installed four privacy curtains in unused areas of the locker room and another one around the shower, but because the district would compel the student to use them, federal officials deemed the solution insufficient.
The paper further reported that the Office for Civil Rights found the student “not only received an unequal opportunity to benefit from the District’s educational program,” but endured “an ongoing sense of isolation and ostracism throughout her high school enrollment at the school.” Superintendent Daniel Cates was quoted by the outlet as calling the decision “a serious overreach with precedent-setting implications”: The students in our schools are teenagers, not adults, and one’s gender is not the same as one’s anatomy.
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