In November 2022, the sixth-grade student, listed as Jane Doe in the lawsuit, informed her teacher that she was transgender and wished to be referred to with female pronouns and her chosen name, according to a lawsuit filed in federal court against the Elkhorn Area School District.
McClatchy News reached out to school officials for comment on March 26 but did not immediately hear back.
As part of the school’s policy, the student was provided with a “gender support plan,” and her parents were contacted.
“The template plan covers various topics, including the student’s chosen name and pronouns, measures to protect the student’s privacy and safety, and the student’s use of sex-specific facilities at school, among others,” the lawsuit said.
However, the lawsuit said the student was directed to use faculty bathrooms instead of being allowed to use the girls bathroom.
“Neither Jane nor her parents were given the option that she be able to use girls’ restrooms and locker rooms like other girls. At the time, Mr. and Mrs. Doe were unaware that Jane could use girls’ facilities at school and did not object to this directive,” the lawsuit said.
The student was uncomfortable using the faculty restroom. She said it brought unwanted attention to her and made her late to gym class since she couldn’t use the girls locker room and had to walk a longer distance to the faculty restroom to change, the lawsuit said.
“Occasionally, out of a desire to fit in with her female classmates and to avoid unwanted attention, Jane used girls’ restrooms at EAMS (Elkhorn Area Middle School). Teachers and administrators repeatedly reprimanded her for using girls’ restrooms and threatened her with further discipline if she continued to do so,” the lawsuit said.
The Elkhorn Area School District superintendent said there were 22 transgender students in the school with gender care plans and all were using single-occupancy restrooms or “restrooms aligned with their biological sex,” the lawsuit said.
“No student currently has usage of the restroom or locker room with which gender they identify as part of their current support plans,” the superintendent emphasized, according to the lawsuit. “No student will ever be required . . . to use a restroom or use a locker room with someone of the opposite biological sex.”
The lawsuit is asking a judge to determine that the school’s actions violate Title IX — which prohibits discrimination based on gender or sex in all schools — and the Equal Protection Clause. It is also asking for an undetermined amount in damages.
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