The Waterloo School District early Friday morning released a statement concerning its recently established gender identity and bathroom policy, responding to concerns expressed by some in the district and explaining the school board’s process in developing such a policy.

The statement comes prior to a school board meeting set for this coming Monday night in the Waterloo High School auditorium, during which a few members of the community have requested to speak.

Friday’s letter opens by noting the school board has continued to “further research, discuss and debate the topic of a gender identity policy” for the district.

It goes on to state that, after writing and passing the policy with consultation from the district’s appointed law firm Kriha Boucek, the board has more recently consulted with a second law firm, Guin Mundorf, to discuss potential legality of segregated bathrooms.

While, as the email states, many in the community as well as several members of the board support segregated bathrooms for transgender students, both law firms “advised and agreed that current law requires the district to allow transgender students to use the bathroom of the gender in which they identify.”

The letter adds that the new district policy appears to follow current federal and state laws – though the district has requested its legal counsel continually update on any possible changes to these laws in the future.

While the letter concludes by noting that community members can contact the school board through the district website as well as at Monday’s meeting, it also links to a Google Doc meant to respond to questions those in the district might have about the legal precedence surrounding the policy. The full document can be found here.

This document first notes that, if the board were to establish a policy going against state and federal law, the board and, potentially, individual board members could face liability.

The second part of the document offers an in-depth description of the law and court precedent surrounding the access to certain accommodations transgender students must have.

Chief among the cited laws is the Illinois Human Rights Act, which establishes freedom from discrimination against any individual based on their race, age, sex, religion and sexual orientation among other characteristics.

The act further notes that “gender-related identity” falls under the umbrella of sexual orientation.

The policy came about following several weeks of discussion that started in March – right before a school board election – when roughly 150 Waterloo High School students participated in a protest to express objection to transgender students using school bathrooms that align with their gender identity.

As reported last week, the community is still grappling with this new policy, with strong views shared on both sides.