Why does the District permit these accommodations?
The Board of Education has a policy prohibiting discrimination or harassment on the basis of sex, including sexual orientation and gender identity, in all educational programs or activities. Federal courts, including the Sixth Circuit Court of Appeals, which has jurisdiction over Ohio, have opined that prohibiting a student from using the restroom consistent with his or her consistently and uniformly held gender identity is unlawful sex discrimination under Title IX of the Education Amendments of 1972 (“Title IX”), and/or a violation of the student’s equal protection rights under the United States Constitution. Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. A public school that violates these laws may be forced to pay the student money damages and the student’s attorney fees, in addition to its own legal expenses.