Lawyer appeals non-discrimination policy involving transgendered student

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by WHAS11.com

WHAS11.com

Posted on July 2, 2014 at 6:07 PM

Updated Wednesday, Jul 2 at 6:34 PM

LOUISVILLE, Ky. (WHAS11) – Just weeks after Louisville’s Atherton High School finalizes its anti-discrimination policy for transgender students, a group of parents has enlisted a lawyer to appeal the decision.

The group of parents is asking the Site Based Decision Making Council to reconsider and reverse its decision.  In June the school's council agreed with Principal Thomas Aberli to allow a transgender student, who was born male but identifies as female, to use the girl's restroom and locker rooms. 

In the appeal paperwork, parents contend that allowing a biologically male student in a female restroom goes against existing state and federal law providing for the protection and safety of students.  The appeal states, "Every student has a basic right of privacy, and federal courts have consistently held that the government violates this fundamental right when its actions enable members of the opposite sex to observe another person while he or she is undressing, using a restroom facility, or showering."

"I was very frustrated about it,” Danette McClain, who is a parent, said about the school's Site Based Decision Making (SBDM) Council's decision.  She says it is not sitting well with her daughter who is an incoming freshman at Atherton.  She says "She doesn't feel comfortable, she doesn't feel like it's right."

The appeal states that the council's decision was an effort to avoid discrimination but it has exposed a larger segment of students to far-reaching discrimination.  McClain said female students who've expressed discomfort have been sent to alternative restroom facilities. McClain and 23 other parents and students signed the written appeal. 

Parents have set a hearing with the SBDM Council for July 8 at Atherton High School.
 

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