Ohio Valley Schools Face Transgender Facilities Issue

Questions Arise Over Legality of Federal Law

WHEELING --  With the halls and restroom stalls in school buildings now empty for the summer, local school districts are discussing how best to provide restroom options for transgender students this fall.

The Obama administration has sent school districts across the nation a "significant guidance letter" stating that federal law requires them to allow students of one biological sex to use the restrooms and locker rooms of the gender to which they identify. Failure to follow the guideline could result in a school district losing federal funding under Title IX law, the letter states.

West Virginia Attorney General Patrick Morrisey, meanwhile, has responded with his own letter to school districts in West Virginia, telling them the federal letter "is not the law." He encouraged school districts to hold off on making any moves, as some lawsuits charging the invasion of privacy rights for other students already have been filed.

And West Virginia and Ohio have joined legal action seeking to halt the enforcement of the directive and preserve school districts' funding.

The issue of accommodating transgender students is starting to affect local schools.

In Hancock County, at least one student has requested a transgender bathroom, and the need was accommodated, according to Superintendent Kathy Kidder-Wilkerson. She would not identify the school, but said there has been no backlash from the community pertaining to the bathroom option.

"What we've done is to provide a restroom for a student who requested it," Wilkerson said. "Then we received a letter from the attorney general telling us not to do anything, so we're not going to do anything more until we receive further guidance.

"We will do whatever we can to make students feel comfortable. I don't have a problem with it."

The private Olney Friends Schools in Barnesville already has had a need to accommodate transgender students, and has made strides in that area, according to Ken Hinshaw, head of school.

Single bathrooms in the schools' facilities have been designated as "unisex" bathrooms, and this has been "well received," he said.

The main building at the Olney Friends School was built in 1876.

"Some of the bathrooms have showers because this is a boarding school," Hinshaw said. "These bathrooms are still separated for boys and girls.

"When you have a group bathroom with an open area, it's difficult to open it up to unisex use. We're looking at architectural changes."

He said the school has a "very open student body" that has become involved with the issue.

"The unisex bathrooms are one way to make people feel safe and welcome," Hinshaw said.

In Ohio County Schools, Special Education Coordinator Leah Stout has met with school nurses from throughout the district regarding the issue, according to Superintendent Kim Miller. They told her there was at least one single bathroom available in each school facility that could be used by transgender students.

"We want to be sensitive to all of our students while following the necessary guidelines," Miller said. "We want to put forth a policy would be sensitive to all children."

Across the river in Ohio, the school facility in the Bridgeport Exempted Village School District is among the newer school buildings in the area, having opened in 2007. The building, though, still wasn't constructed with the thought of accommodating the needs of transgender students, according to Superintendent Zachary Shutler.

He said his staff  and board of education members are aware of the Obama administration letter.

"We have had casual conversations, but as of yet we do not have a hard plan," he said. "I  know it's something we need to look at, but we have done nothing yet about the logistics….

"Being a former social studies teacher, I'm always aware of what the pulse of the nation is -- even if it is not what it is locally. "