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Case Study: Doe V. Regional Schools

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Susan, a transgender fifth grader, has been identifying as a female for nearly two years. The school agreed that Susan could use the communal girls’ restroom; however, a fifth grade boy began following Susan into the bathroom to exercise his right. I believe this boy, who is being directed by his father, has no reason to use the girls’ restroom other than to harass, embarrass, and draw attention to Susan. As a teacher, it is my responsibility to meet with the principal to discuss this issue in order to protect my students and provide a safe environment. I will be using the legal standards Section 504 of the Rehabilitation Act of 1973 and Title IX as well as case law to argue that Susan has the right to use the girls’ restroom and unless students …show more content…
Regional School Unit 26, a transgender elementary school girl was diagnosed with gender dysphoria. Her school recognized the importance of her transition and began referring to her as a female. However, once this decision became a problem with other students and parents, the school took away her right to use the girls’ restroom and forced her into using a staff bathroom. They also would not let her use the girls’ restroom once she transitioned to middle school. The girl’s parents sued the school because of discrimination based on sex. The Maine Supreme court ruled in favor of the girl stating, “it has been clearly established that a student’s psychological well-being and educational success depend upon being permitted to use the communal bathroom consistent with her gender identity, denying access to the appropriate bathroom constitutes sexual orientation discrimination in violation of the Maine Human Rights Act (Doe v. Regional School Unit 26, p. 13-14).” In Mathis v. Fountain-Fort Carson School District 8, Coy Mathis, a six-year-old transgender girl was told she would no longer be allowed to use the girls’ restroom. She would have to use the nurse’s bathroom. The Mathis family and the Transgender Legal & Education Defense Fund filed a complaint with the Colorado Civil Rights Division against the Fountain-Fort Carson School District #8. The girl’s parents released a statement saying the school is "singling her out for mistreatment, and teaching her classmates that it's okay to discriminate (The Huffington Post)." The ruling was in favor of Coy and the Transgender Legal & Education Defense Fund released a statement saying, "This is the first ruling in the nation holding that transgender students must be allowed to use bathrooms that match who they are, and the most comprehensive ruling ever supporting the rights of transgender people to access bathrooms without harassment or discrimination (The Huffington Post)." Both of

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