Law & Courts

Schools Get Clarity on Transgender Student Restroom Access

By Evie Blad — April 22, 2016 5 min read
Gavin Grimm stands on the front porch of his home in Gloucester, Va., in 2015. The high school student, who was born female but identifies as male, says it's discriminatory to make him use the girls' room or a single-stall unisex restroom at school.
  • Save to favorites
  • Print

A federal appeals court’s decision to side with a transgender student who sued after his school restricted his restroom access could have far-reaching implications for schools around the country that have lacked legal clarity on this divisive issue.

The decision was called “a major turning point” by the Gay, Lesbian & Straight Education Network, and it could help set the tone for discussions about accommodations for transgender students nationwide, school law experts said.

A federal district court judge in Virginia erred when he did not defer to the U.S. Department of Education’s interpretation that a regulation created under Title IX of the Education Amendments of 1972 applies to gender identity, a three-judge panel of the 4th U.S. Circuit Court of Appeals, in Richmond, Va., said in a 2-1 decision this week.

The federal appellate panel sent the original case back to the lower court to reconsider its denial of a preliminary injunction that would allow Gavin Grimm, a high school student in Gloucester County, Va., to use the boy’s restroom at school. Grimm was born a girl but he now identifies as a boy and he has undergone hormone therapy. The Gloucester County school board voted unanimously to appeal the panel’s decision en banc to the full 4th Circuit, attorney David Corrigan said.

The ruling, the first by a federal appellate court on the issue, affirms the Obama administration’s position on allowing transgender students to use the restrooms and locker rooms that correspond with their gender identity, which it has increasingly asserted in legal briefs and civil rights agreements with school districts in recent years.

“It’s a case of the legal framework really lagging behind our rapidly changing social norms,” said Francisco Négron, general counsel for the National School Boards Association. “We expect more of this to come.”

Marching Orders

Suzanne Eckes, an education law professor at the Indiana University at Bloomington, said the ruling was part of a “general trend” of state courts and civil rights panels siding with transgender students on questions of school facilities access. If the ruling stands on appeal, and if another appellate court also upholds the Education Department’s interpretation of Title IX, it could set a pattern for schools to follow, she said. If not, the issue could be headed to the U.S. Supreme Court.

“For now, the states in that circuit have certainly been given their marching orders,” Eckes said.

The 4th Circuit notably includes North Carolina, which recently became the first state to require public schools to restrict restroom access for transgender students. Republican Gov. Pat McCrory said he will study the ruling, which could leave his state’s schools with the difficult decision of either violating the new state statute or violating Title IX at the risk of losing millions in federal funding.

The ruling cited precedents which said that, in cases where there is ambiguity in interpretation of a federal law, courts should give deference to an agency’s interpretation of those laws.

Title IX prohibits sex discrimination but, under a regulation, schools may have sex-segregated facilities. The school district had interpreted that regulation to refer to biological sex, while the federal Education Department has defined it as applying to gender identity. Because both could be viewed as valid interpretations of the law, the lower court was obligated to side with the department, the 4th Circuit panel wrote. “We conclude that the regulation is susceptible to more than one plausible reading because it permits both the board’s reading—determining maleness or femaleness with reference exclusively to genitalia—and the department’s interpretation—determining maleness or femaleness with reference to gender identity,” the ruling says.

Many state and local policymakers have disagreed with the Obama administration’s position. In November, the department’s office for civil rights found an Illinois district in violation of the law because it would not grant a transgender girl unrestricted access to the girls’ locker room. Under threat of penalties, including a possible loss of federal funding, the district agreed to allow the student to use the girls’ locker room.

Because the administration’s civil rights guidance does not carry the force of law, school law experts have waited for a federal court ruling on the issue to provide greater legal clarity for schools. To this point, transgender students have won court victories under state anti-discrimination laws. In states without such laws, schools have been uncertain about their obligations.

North Carolina Law

The ruling may come into play in the ongoing controversy over pending state bills that restrict restroom access for transgender students. North Carolina is the only state to have such a measure become law, and the ACLU of North Carolina has already challenged the measure in court on behalf of plaintiffs at the state’s universities, who argue that it violates Title IX.

South Dakota’s governor vetoed a similar measure earlier this year, and Tennessee lawmakers delayed a school facilities bill after the state’s attorney general said it may put schools at risk of violating federal law and losing millions in federal funding. Several other legislatures have considered similar proposals in recent years.

In an amicus brief filed in Grimm’s case in December, leaders of six states, including North Carolina, argued against the Obama administration’s interpretation of Title IX and said the Gloucester County district has offered an adequate accommodation by giving Grimm access to a single-stall restroom. Advocates for transgender students and Grimm’s attorneys have said such accommodations are discriminatory and contribute to the stigmatization of students who already face difficulties with harassment and bullying at school.

While many districts have pushed to maintain existing rules, some have allowed transgender students unrestricted access to school facilities without prompting from legal challenges. After students there campaigned, Los Angeles Unified opened a gender-neutral restroom at a high school recently, a move met with protest and celebration.

U.S. Circuit Judge Paul V. Niemeyer was the lone dissent on the three-judge panel.

“This unprecedented holding overrules custom, culture, and the very demands inherent in human nature for privacy and safety, which the separation of such facilities is designed to protect,” he wrote. “More particularly, it also misconstrues the clear language of Title IX and its regulations.”

A version of this article appeared in the April 27, 2016 edition of Education Week as Court Sides With Student On Title IX

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice