Group prepares lawsuit against Illinois school district over gender policies
(The Center Square) – Liberty Justice Center is preparing a federal lawsuit against Community High School District 128, arguing its gender support guidelines and overnight student room-assignment procedures violate parental rights, religious freedom and protections for female students.
The organization’s plans follow an Oct. 21 response from the district’s attorneys rejecting its allegations and maintaining that the policies comply with federal and state law.
Kathryn Cosgrove, an attorney with Liberty Justice Center, told The Center Square the organization had hoped its initial demand letter would prompt district officials to change the policies without litigation.
“We received their letter on Oct. 21, stating that they think that their policies are in compliance with the law, which is simply not true,” Cosgrove said.
The dispute centers on the district’s Gender Support Guidelines and Procedures for Assigning Rooms for Overnight Student Trips. Liberty Justice Center argues the policies fail to adequately protect parents’ rights to information about their children’s education and school experiences.
Cosgrove said the organization learned about the policies through a mother who provided copies of the documents and connected the organization with concerned families. She declined to disclose specific details about potential plaintiffs while the organization prepares its case.
One central dispute involves whether parents should be informed of the biological sex of students assigned to share rooms with their children on overnight school trips.
Cosgrove said the organization received information about an incident during the previous school year in which a biological male student who identified as female was assigned to a room with female high school students.
“The policy itself does not allow for the parents of the students to be notified of the biological sex of the children that are being put in the same room,” Cosgrove said. “They are only notified of the names of the students.”
The district’s attorneys argued that disclosing another student’s biological sex without consent could violate the federal Family Educational Rights and Privacy Act and the Illinois School Student Records Act.
The district also said room assignments consider student and family preferences, and alternative arrangements may be considered when concerns arise, including requests for additional privacy.
Cosgrove disputed the district’s interpretation of parental rights.
“Constitutionally, parental rights are going to trump the rights of their minor children,” she said, arguing that parents have a constitutional right to direct their children’s upbringing, care and education.
She added that disagreement with a school’s gender-related policies should not be considered abuse or neglect.
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