ILLINOIS – This week, an anti-trans activist group appeared at the school board meeting for District 211 in Palatine to demand that the district change their policies regarding transgender students participating in sports. The events in Palatine follow a recent trend where a small group of people demand that Illinois public schools rescind long-standing policies and violate Illinois law allowing transgender students to participate in school, including sports like every other student. Those demanding change most often deliberately mislead the public and public officials, pointing to a series of controversial executive orders signed by President Donald Trump since his return to office seven months ago as authority for rescinding such policies. The executive orders, currently being challenged in court, direct public schools to require trans students to use restrooms that correspond with their sex at birth and deny trans students the ability to play in school athletics in their identified gender, conflict with Illinois state law and policies that permit students to live their authentic lives without discrimination. School districts across Illinois have successfully complied with Illinois law and implemented trans inclusive policies without incident for years prior to the President’s executive orders.
As thousands of students return to school for the new academic year, the American Civil Liberties Union of Illinois issued the following statement addressing recent events and making clear school leaders’ responsibilities under Illinois law:
Donald Trump’s power as President is limited by our Constitution. That limited power does not include the ability to direct how public schools across Illinois treat transgender students with the stroke of a pen. That decision – as is appropriate – has been made by the Illinois General Assembly and elected Governors – past and present – who have debated and passed legislation assuring that all public-school students can use the restrooms and changing areas consistent with their gender identity and participate in school athletic programs with approval from the Illinois High School Association.
School leaders across Illinois must follow Illinois law, not the policy statements of a President. To do anything else would cede the future of Illinois’ students to an authoritarian, one who wants to dictate every part of our lives from the Oval Office.
It is ironic that the effort to reverse fair, effective school policies has made its way to District 211. A decade ago, the ACLU of Illinois and a group of brave, thoughtful students and parents litigated to ensure that the District lived up to their responsibilities under Illinois law. At that time, we saw the same loud, misguided ideology seek to discriminate against students who already are vulnerable in schools. In the end, courts and the District’s Board upheld Illinois law. Nothing has changed to alter that policy – not even the election of a President who has decided to target transgender students.
Let us be very clear. Illinois law bars discrimination against transgender students in public schools . That means the schools must treat trans students like everyone else, allow them to play sports and other activities, and use facilities that align with their gender identity. Any district that does not abide by the law risks legal action.