News & Analysis as of

School Restrooms

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

Benesch on

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part IX: Alabama Bans Diversity, Equity, and Inclusion Programs and Departments for Public Institutions

Alabama has joined the growing list of states passing laws banning diversity, equity, and inclusion (DEI) initiatives in public institutions. On March 20, 2024, Governor Kay Ivey signed into law Senate Bill (SB) No. 129, a...more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Harris Beach PLLC

New York State Updates Guidelines on Transgender and Gender-Expansive Students

Harris Beach PLLC on

The New York State Education Department (“NYSED”) released new guidance to support transgender and gender-expansive (“TGE”) K-12 students. This much anticipated update substantially expands previous guidelines issued eight...more

Fisher Phillips

Florida’s New Bathroom Law: What Do Schools Need to Know?

Fisher Phillips on

As schools prepare for the upcoming academic year, you should consider the impact of Florida’s new law addressing locker room and bathroom use. The Safety in Private Spaces Act was recently signed into law by Governor...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

Rumberger | Kirk on

Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

Tucker Arensberg, P.C. on

In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Ballard Spahr LLP

The Supreme Court’s Transgender Bathroom Case Rebuff, What Direction Should School Districts Take?

Ballard Spahr LLP on

As we previously reported here, the Supreme Court declined to hear an appeal from the Gloucester County, Virginia School Board in a transgender bathroom case. As a result, the underlying opinion from the Fourth Circuit, which...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Baker Donelson

New Tennessee Laws Governing the Use of Restrooms

Baker Donelson on

The Tennessee legislature passed two bills this session relating to the use of restrooms by transgender individuals. Generally referred to as the "bathroom bills," these laws take effect on July 1, 2021. In this alert, we...more

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Bond Schoeneck & King PLLC

Gender Neutral Bathrooms in Schools

On Dec. 23, 2020, Gov. Andrew Cuomo signed bill A.5240A/S.6479 into law requiring school districts, BOCES, charter schools and nonpublic schools to designate all single-occupancy restrooms as gender neutral. The new law...more

Franczek P.C.

Despite Change in High Court Composition, U.S. Supreme Court Declines to Hear Challenge to Transgender Student Rights

Franczek P.C. on

This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Miles & Stockbridge P.C.

Fourth Circuit Again Addresses Bathroom Access Rights of the Transgendered

Gender segregation in bathrooms, which some conservatives have predicted for decades would be undermined by sex discrimination laws, has in fact proven to be a persistent target for civil rights litigation in at least one...more

Franczek P.C.

Can a Transgender Female Student compete on a Girls’ Sports Team? Supreme Court Justices Address the Question in LGBT Employment...

Franczek P.C. on

The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT...more

Franczek P.C.

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

Franczek P.C.

Illinois State Law Protections for Transgender Students Increase As Slowdown in Federal Enforcement Continues

Franczek P.C. on

In a recent decision, the Illinois Human Rights Commission (IHRC) ruled that Illinois schools cannot limit transgender students’ unfettered access to the locker rooms that correspond to their gender identities. The decision...more

Harris Beach PLLC

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

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Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Littler

New Mexico, New Laws: “Right-to-Work” Preemption, Gender-Neutral Restrooms, Criminal History Checks — and More

Littler on

New Mexico’s state legislature has been busy over the past few weeks acting on bills introduced earlier this year. The state has enacted at least nine new laws affecting employers, covering many topics from health care access...more

Fisher Phillips

Federal Court Rules In Favor Of Transgender Teen In Florida Bathroom Case

Fisher Phillips on

A federal court in Jacksonville, Florida recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his high school. The July 2018 decision marked the first time that a Florida court has ruled on...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

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