The U.S. Department of Education's Office for Civil Rights (OCR) has initiated investigations into the Illinois Department of Education, Chicago Public Schools District 299, and Deerfield Public Schools District 109. The inquiries follow allegations that these entities violated Title IX by requiring female students to share locker rooms with a male student.
The investigations stem from complaints submitted to OCR, including those filed by the Defense of Freedom Institute and Liberty Justice Center. These complaints accuse the Illinois State Board of Education and Chicago Public Schools of sex-based discrimination, partly due to alleged repeated violations by Deerfield School District.
"Congress enacted Title IX to end sex-based discrimination against females in educational programs," stated Acting Assistant Secretary for Civil Rights Craig Trainor. "The architects of Title IX understood that males and females, especially minors, have a right to be free from compelled exposure of their bodies or from engaging in intimate activities—like changing their clothes in a locker room—in front of the opposite sex."
Robert Eitel, President and Co-Founder of the Defense of Freedom Institute, expressed concern over the situation: "It is shocking that school administrators would allegedly harass and bully a student for objecting to sharing intimate facilities with members of the opposite sex." He urged action to terminate federal funding until compliance with Title IX is achieved.
Background information reveals that during a recent District 109 School Board Meeting, parents testified about an incident at Shepard Middle School where female students complained about a male presence in their locker room during gym class changes. The following day, school officials reportedly reprimanded these students for refusing to undress in front of the male student and allegedly forced them back into the locker room throughout the week. According to an OCR complaint, an administrator indicated that as long as the male student identifies as female, they may use female facilities.
Title IX prohibits sex-based discrimination in any education program receiving federal financial assistance. Non-compliance can lead to loss of federal funding.
