Ohio Court Weighs in on Transgender Student Access to Restrooms and Name Issues

As the national debate regarding transgender students' rights and school districts' obligations rapidly evolves, the United States District Court for the Southern District of Ohio adds to the conflicting precedent. On September 26, 2016, Judge Marbley ordered the Highland Local School District ("District") to treat 11 year-old "Jane Doe," a biological male, "as the girl she is." The Judge's order requires the District to allow the student to use the girls' restroom in the elementary school and refer to her by female pronouns and her female name. The crux of the issues involves transgender identity protections under the Equal Protection Clause and Title IX of the Education Amendments of 1972. In making his ruling, Judge Marbley rejected the privacy argument made by the District that the privacy rights of other students weighed against allowing Jane Doe to use the girls' restroom. [More]

U.S. Departments of Education and Justice Weigh In on the Legal Developments Regarding Transgender Students

On May 13, 2016, the United States Department of Education ("DOE") and the United States Department of Justice ("DOJ") issued guidance to educational institutions that receive federal financial assistance regarding the rights of transgender students under Title IX. This guidance comes on the heels of a decision by the Fourth Circuit Court of Appeals regarding this issue. [More]

U.S. Departments of Education and Justice Weigh In on the Legal Developments Regarding Transgender Students

On May 13, 2016, the United States Department of Education ("DOE") and the United States Department of Justice ("DOJ") issued guidance to educational institutions that receive federal financial assistance regarding the rights of transgender students under Title IX. This guidance comes on the heels of a decision by the Fourth Circuit Court of Appeals regarding this issue. [More]

Legal Developments Regarding Transgender Students

While Ohio has not addressed the issue yet, the nationwide trend of affording protections to transgender students under Title IX of the Education Amendments of 1972 continues. On April 19, 2016, the U.S. Court of Appeals for the Fourth Circuit ruled on a transgender high school boy's motion for a preliminary injunction. See G.G.ex rel. Grimm v. Gloucester Cty. Sch. Bd., 4th Cir. No. 15-2056, 2016 WL 1567467 (Apr. 19, 2016). The student sought to use the boys' restroom after his school district adopted a policy requiring students to use the restroom or locker room of their biological gender. The district also allowed the alternative of using a private facility for individuals with gender identity issues. The student had initially been permitted to use the boys' restroom for several weeks before this policy was implemented. After the policy was implemented, the student was no longer permitted to use the boys' restroom. [More]