Transgender bathroom policies in schools are sparking community debate across Tennessee.

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By Joel Ebert, USA TODAY NETWORK The Tennessean

The American Civil Liberties Union of Tennessee filed a complaint on Thursday with the U.S. Department of Education over a situation in the Sumner County Schools system over a transgender student's access to restrooms.

The complaint, filed on behalf of the transgender high school freshman and her parents, alleges Sumner County Schools' policy prohibits transgender students from using restrooms that correspond with their gender identity.

The ACLU argues the policy violates requirements of federal anti-discrimination law and the U.S. Constitution and is asking the Department of Education to assist in enforcing federal law.

The move was immediately blasted by Republican lawmakers who are considering holding a special session over the issue.

"No student should have to endure the stigma and marginalization of being segregated from the rest of the student body," said Abby Rubenfeld, the cooperating attorney for the ACLU, in a news release announcing the complaint. "These kinds of blanket bans prevent transgender students from being treated fairly and equally at school. This policy is not only misguided, it's a direct violation of Title IX and the Fourteenth Amendment."

The filing of the complaint comes after the ACLU sent a letter to the director of schools on March 4, requesting a meeting to resolve a situation involving the student's access to bathrooms. The student has only been allowed to use faculty and special needs bathrooms. As a result, the student avoids using the restroom or using the girls' restroom out of fear of punishment by the school.

The complaint was filed with the Department of Education's Office of Civil Rights, which is the same office that released a guidance on May 13 that was sent to all schools that receive federal funding. Although the guidance doesn't have the force of law, it outlined how the Department of Education intends to enforce Title IX, the federal law that bars discrimination in education while directing public schools nationwide to allow transgender students to use the bathrooms and locker rooms that match their gender identity.

Todd Presnell, an attorney for Sumner County Schools, said the district's board of education works to provide a safe environment for all of its 29,000 students.

"In this spirit, the school system expressly prohibits harassment and bullying of any student, including transgender students, and also devised a set of guidelines to meet the needs of transgender students while respecting the interests of all students," he said.

Presnell said the school's guidelines allow administrators to meet with the parents of transgender students to discuss any needs the student may have.

"Our schools allow transgender students to follow the dress code corresponding to their gender identity, address them with the name and pronoun corresponding to their gender identity, and provide alternative physical education options. While transgender students must use the general restroom and locker room facilities corresponding to their birth gender, our schools provide alternative, private, unisex restrooms and changing facilities," he said.

Noting the recently released federal guidelines, Presnell said the district believes its guidelines comply with federal law and "meet the needs of transgender students while simultaneously maintaining the privacy rights of all students, regardless of gender or gender identity."

The newly filed complaint also comes at a time Tennessee lawmakers are weighing whether to hold a special session over the federal guidance. As of Wednesday — one day before the ACLU filed the complaint — as many as 40 House Republicans supported holding a special session.

Although Gov. Bill Haslam said he thought there was no need for a special session — a point which many senators appeared to agree with earlier this week — the ACLU filing might have changed things.

In a statement sent to The Tennessean on Thursday, Sen. Dolores Gresham, R-Somerville, said, "This is Tennessee. We will not be bullied by the ACLU or the federal government. A special session of the Tennessee General Assembly is an option that is open to us and should certainly be considered."

Rep. Rick Womick, R-Rockvale, who criticized the ACLU during a House committee meeting during the legislative session, said on Thursday that he believes the complaint will likely result in lawmakers holding a special session.

"It's typical of the ACLU sticking their nose in places that it shouldn't," he said.