LM Feb 2023

LegalCorner

Chad Watkins IASA Associate Director/General Counsel

To help school leaders navigate uncertain times, IASA has partnered with leading law firms throughout Illinois to provide districts with critical guidance during the 2022–23 school year. In every issue of Leadership Matters, the IASA Legal Corner will showcase an article written by attorneys who specialize in legal matters related to education. It is our hope you find the content insightful, timely and helpful in addressing the critical matters you face.

This month, Hodges Loizzi Eisenhammer Rodick & Kohn writes about a recent Appellate Court ruling that upholds Florida school’s policy on bathroom access based on biological sex. As a reminder, the articles are provided for informational purposes only, and you are advised to contact your district counsel for legal advice. Click on the link below to access the article.

Appellate Court Upholds Florida School’s Policy on BathroomAccess Based on Biological Sex

In Adams v. School Board of St. Johns County, Florida, et al. , the Eleventh Circuit Court of Appeals (which has jurisdiction over Alabama, Florida, and Georgia) held that a Florida high school district’s policy requiring students to use bathrooms corresponding with their biological sex is constitutional and does not violate the Equal Protection Clause or Title IX. A transgender male student was allowed to use the restroom aligned with his gender identity for the first nine weeks of high school. After receiving a complaint, the school reversed its policy and required the student to use female facilities or a gender-neutral, single-stall facility in the school office. The student and his mother

sued the school district, arguing that the bathroom policy violates both the Equal Protection Clause and Title IX by discriminating between males and females. Specifically, the student, who identifies as a male, argues that the policy violates his rights because, as a transgender student, he cannot use the bathroom that corresponds to the sex with which he identifies. A Florida federal district court ruled in his favor. The school district appealed.... (continue reading)...

21 LM February 2023