The Bathroom Case: Creating a Supportive School Environment for Transgender and Gender Nonconforming Students

Abstract

The recent federal guidance and litigation on transgender students have increased public awareness of the legal rights of transgender students. Title IX regulations have long permitted school districts to segregate male and female students in separate but comparable toilet, shower, and locker room facilities, but the legal issue presented by transgender students is how to gain access to facilities that match their gender identity. This case examines the nuances of accommodating transgender student needs, while examining the legal requirements for schools, and the practical implications of these requirements.