We have previously reported on the Students and Parents for Privacy v. Township High School District No. 211 case. On April 15, 2019, the Students and Parents for Privacy voluntarily withdrew their lawsuit.

As you will recall, this case revolves around District 211’s access to facilities policy. Pursuant to an agreement with the United States Department of Education, District 211 allows transgender students to access locker room facilities consistent with their gender identity. The agreement provides for the individual transgender student at issue to change in a private changing area within the girls’ locker room. Following the settlement agreement, District 211 adopted a policy allowing all transgender students to use the facilities of their choice.

In 2016, a group of parents called the Students and Parents for Privacy filed a lawsuit against District 211 alleging the settlement agreement with the Department of Education “trample[d] students’ privacy and other constitutional and statutory rights.” The Students and Parents for Privacy claim enforcement of the access to facilities policy has caused students “embarrassment, humiliation, anxiety, fear, apprehension, stress, degradation and loss of dignity.”

Most recently, District 211 moved to dismiss the Students and Parents for Privacy’s lawsuit. The judge granted several portions of the District’s motion to dismiss, but allowed a few claims to survive. Shortly after the judge issued the ruling on the motion to dismiss, the Students and Parents for Privacy announced the withdrawal of their lawsuit.

We will continue to report on developments involving transgender students nationwide. Please contact Bennett Rodick or Kaitlin Atlas with your questions related to accommodating transgender students.