Legal opinion regarding transgender student bathroom use

The Idaho School Boards Association recently urged school districts across the state to follow a new law regarding transgender students' use of the bathroom facilities. The law, the ISBA told districts, mandates that transgender students should be allowed to use the bathroom of their identified or gender.

But no such law exists.

Instead, the ISBA cited a recent court opinion from the Fourth District ruling that school cannot deny transgender students access to the bathroom of their identified gender. That's not the law, though. The ruling certainly applies to schools within Fourth District jurisdiction boundaries. But Idaho lies in Ninth District boundaries.

Read more about the issue in our latest legal memo.

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