JENISON, MI - An attorney with the American Civil Liberties Union of Michigan says the organization won't challenge Jenison Public Schools transgender bathroom guidelines in court, despite the "very negative message'' being sent.

Jay Kaplan, attorney with the ACLU of Michigan's LBGT Project, said he is hopeful two cases currently in federal court can be the catalyst for change.

"To bring a legal challenge would take much longer than what could be happening in the 6th Circuit of Appeals,'' he said.

Kaplan has been lobbying Jenison to allow transgender students to use the bathroom in accordance with their gender identity since a high school student complained to the group over spring break.

"Unfortunately, despite all the arguments we've made they (school leaders) are not changing the guidelines,'' said Kaplan, who had hoped new rules could be in place this coming school year.

"It shows a lack of good leadership."

The district has vehemently denied it is engaging in any discriminatory practices toward transgender students, rather treats students with respect and dignity.

Superintendent Tom TenBrink directed MLive to the statement issued in April, regarding a response to recent remarks by Kaplan:

"Jenison Public Schools is proud of the nurturing, respectful educational environment that exists at our schools. Our students are very successful, in large part, because of our efforts in assuring that all students are treated with sensitivity and dignity. It goes without saying, the district does not discriminate against any student regarding any protected characteristics. Any assertion that the district has engaged in discriminatory practices with transgender or other classes of students is untrue. We always place student safety and well-being first, taking into account individual students' requests for accommodation and support."

Under district guidelines, transgender students at the high school have a choice between the bathroom corresponding with the gender they were assigned at birth, one of three unisex staff bathrooms and a gender-neutral bathroom installed in August 2016.

Kaplan said those rules stigmatize transgender students and make them feel unwelcome and unsafe.

In June, the Ann Arbor Board of Education approved a policy that offers more specific protections for transgender and gender non-conforming students, and allows them to use the bathroom that align with their gender identity.

The new policy mirrors guidance from the State Board of Education approved by a 6 to 2 vote last September.

At the May 8 school board meeting, Kaplan and Flynn Suttorp, who was born female but identifies as male, lobbied the school for change. A transgender graduate also spoke. Kaplan said he and Suttorp met later that month with the high school principal and district attorney to no avail.

Suttorp did not respond to messages sent through Kaplan for an MLive interview. Kaplan said he is unaware Suttorp intends to return to Jenison High School but he is urging advocates for change to continue to continue to be vocal critics.

Kaplan said the two cases to be heard in the federal 6th Circuit Court of Appeals, which covers Ohio, Michigan, Kentucky and Tennessee, involve transgender students and could be what forces Jenison and other districts to change course.

"Both are Ohio cases involving transgender female students being able to use bathrooms in accordance with their gender identity and Title IX (the federal law the prohibits sex discrimination in public schools), which has been found to prohibit discrimination against transgender students," Kaplan said.

He said briefing has been completed in both cases- Board of Education of the Highland Local School District v. U.S. Dept. of Education and Dodds v. U.S. Dept. of Education.

Oral arguments before the appeals panel could be scheduled this summer, Kaplan said.