Some parents expressed concern about their children’s privacy. Others voiced concern for transgender students. In contrast, some students said they didn’t see the issue as a concern at all.

Those were among the reactions expressed last week at a Pine-Richland school board committee meeting to discuss which bathrooms transgender students should use at the high school. 

The May 10 meeting of the school board’s Staff Services Committee drew about 50 parents and students and was the first of three planned sessions on the topic, with the remaining two scheduled for 6 p.m. Monday and June 13.

Currently, transgender students at the high school can use the bathroom of the gender they identify with, the private bathroom in the nurse’s office, or a single-room unisex bathroom, superintendent Brian Miller explained in a letter sent to parents in March, in which he noted that the district is in compliance with federal civil rights laws. The district is considering coming up with a policy or regulation on the matter, and the board held an informational meeting on the topic in April, inviting experts on transgender issues and rights to speak to parents.

The issue has been a focus of court cases and attention around the nation, with the latest move occurring Friday when the U.S. Departments of Justice and Education sent a directive to schools around the country saying they may not force transgender students to use restrooms inconsistent with their gender identity.

At last week’s committee meeting, board President Jeffery Banyas and board member Peter Lyons said that if the district decided to restrict bathroom use to a student’s biological sex, its federal funding could be at risk under Title IX, which bans sex discrimination in schools that accept federal funds.

"If we were to go the route of using biology as the sole determinant on the use of restrooms, we will almost surely be guaranteed action by the Office of Civil Rights and the [American Civil Liberties Union]," Mr. Banyas said. "We would be putting at risk $1.4 million per year of federal funds, which would require raising taxes 2.57 percent if they decide to withhold the money. Are [taxpayers] sufficiently committed to put up with a tax raise?"

Board member Therese Dawson said the issue is more about privacy than transgender students being bullied. Title IX provides for separate toilet, changing and shower facilities on the basis of sex, she said.

"Officials from Children's Hospital have said the issue of sex is biological at birth, but gender is how a person feels about being male or female. Gender can be fluid, but sex is expressly determined at birth," she said. She noted that a federal appeals court panel in April ruled that discrimination on the basis of gender identity is discrimination on the basis of sex, leaving privacy concerns unaddressed.

Ms. Dawson said a policy on restroom use by transgender students would affect more than just restrooms, such as locker rooms, showers and overnight events. "There is a distinct difference between males and females using the restroom or we wouldn't have [separate facilities]. No transgendered students are being bullied at Pine-Richland," she said.

A female student told the committee that she believes most students don't care about who is using the bathroom. "Each individual has their own concerns, and students feel this should not be an issue. If we are not bothered [by transgender students using the bathrooms], why should anyone else be bothered?"

Another female student, a senior, said, "I have never seen a naked girl in the locker room." She said she believes most students support the current practice of transgender students using the bathroom of which they identify. "Transgendered females are not boys. Transgenders are consistent and confident with the gender they identify," she said.

One mother said her son, an elementary student, had become intrigued by the discussions about bathrooms and got into trouble for peeking into the girls' restroom to see what all of the talk was about. "Young children shouldn't be in the middle of this issue," she said.

The two remaining sessions on Monday and June 13 are tentatively scheduled to be held in the district central office building, 702 Warrendale Road, but the location may change, so those who wish to attend should check the district website, www.pinerichland.org.

Jill Cueni-Cohen, freelance writer: suburbanliving@post-gazette.com.

First Published: May 20, 2016, 4:00 a.m.