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(MLive File Photo)

JENISON, MI - A transgender student at Jenison High School has contacted the American Civil Liberties Union of Michigan with claims of being denied access to bathrooms designated for male and female students, according to an ACLU attorney.

Earlier this month, the student posted a message on the "For the Love of Georgetown Township" Facebook page about only being able to use a staff bathroom at the school.

Jay Kaplan, a staff attorney with ACLU of Michigan's LGBT Project, said he is in the process of trying to connect with the student to follow up on that message, received by the organization on April 5.

"This type of policy or practice would violate federal civil rights law," Kaplan said. "There is existing case law that protects transgender students from discrimination. There is no law preventing districts from doing the right thing in these situations.''

School leaders say allegations it is engaging in discriminatory practices in relation to its transgender students are untrue.

"We are all about providing a safe and secure environment for all our students," Superintendent Tom TenBrink said. "We have been working with our transgender students to ensure they feel that they are treated with respect and dignity."

But members of the Michigan Association of Civil Rights Activists (MACRA) saw the original post and began a social media campaign late last week to rally the community to get the district to allow transgender students to use the bathroom of the sex identified with, in accordance with State Board of Education guidance.

Holly Huber, a MACRA member, wrote a post and put it on the association's Facebook page about what she understood to be the plight of transgender students, along with the names and phone numbers of the TenBrink, principal, and other administrators.

She urged people to let them know "that such discriminatory policies are not tolerated in our public schools which should be safe for all students!"

"MACRA feels that transgender students in the district are being discriminated against and weren't being heard," said Huber, who said she is not a district parent but other MACRA members have children enrolled at Jenison.

"We wanted to offer support and given them a voice. In this political climate, public pressure can be effective.''

According to Huber's post on the MACRA Facebook page, "Jenison High's bathroom policy violates equal access requirements, the school's non-discrimination policy, and Michigan's State Board of Education Guidelines on student restrooms."

But TenBrink said the district is not violating equal access requirements or the school's nondiscrimination policy as is being alleged on social media.

TenBrink said transgender students have the option of using a gender-neutral restroom installed last summer for all students, the bathroom that corresponds with the gender assigned them at birth or one of three unisex staff bathrooms. He said those guidelines are unwritten, but were shared directly with the school's transgender students.

"We are committed to work with individual students with individual needs to make sure no student is disadvantaged,'' he said.

For example, he said, teachers and administrators refer to transgender students by the name they prefer and use the appropriate pronoun, depending on the gender with which that student identifies.

But Kaplan said the district is not giving transgender students a restroom choice, if they are being singled out and not allowed to use the restroom in which they feel comfortable based on how they self-identify.

Huber is critical of the district for not being transparent about its restroom guidelines for transgender students, urging officials to share the district's rules online and in printed material. She said those inquiring about the policy aren't told what it is, just that it doesn't discriminate.

Here is the district's statement Huber received:

Thank you for your message. It is always helpful when the District receives community input. As I am sure you are aware, federal law prohibits me from discussing any specific accommodations provided to any specific student. Your assertion, however, that the District is engaging in discriminatory practices with transgender students is untrue. The District does not discriminate against any student regarding any protected characteristics. We always put student safety and well being first. We do not make decisions on student well being based on "politics."

Huber said schools should follow the state board's guidelines on bathrooms.

According to the state board's education and guidance, "Students should be allowed to use the restroom in accordance with their gender identity. Alternative and non-stigmatizing options, such as all-gender or single-user restroom (e.g., staff bathroom or nurse's office), should be made available to all students who request them.''

"While gender-neutral bathroom facilities are often the solution that works best for all students, including transgender students, districts are reminded that current interpretation of federal civil rights laws protect the right of transgender students to use the bathroom of their gender identity if they choose," the document states.

The board's guidance was based on former President Barack Obama's directive aimed at protecting transgender students' rights and on case law saying transgender students are protecting under Title IX of the Education Amendments Act of 1972.

Kaplan, who helped develop the state board's guidance, said the fact that President Donald Trump rescinded the Obama administration's action does not change existing law protecting transgender students from discrimination.

TenBrink said Jenison's current guidelines apply only to the high school. Prior to the Facebook post, he said, neither he nor the high school's principal were aware of any concerns or allegations of discrimination.