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Spirt Lake transgender student reportedly told to use bathroom that doesn't affirm his gender identity

According to Iowa Safe Schools, the response from school administrators brings up legal concerns regarding Title IX.

SPIRIT LAKE, Iowa — A transgender student at Spirit Lake High School says school officials told him to use a bathroom that doesn't reaffirm his gender identity after another student complained to the school.  

ABC affiliate KCAU reports Ethan Stucker, 16, was told to use a unisex bathroom in the teachers' lounge or face consequences after another student said they felt uncomfortable sharing the same bathroom.

Local 5 reached out to Spirit Lake High School for more information about the incident but they did not comment. Principal Casey O'Rourke did provide the following statement to KCAU: 

"We are aware of the request and are meeting to accommodate the matter. We do not see this as an issue as we are very sensitive to transgender issues." 

KCAU reports Stucker had been using the same bathroom for a year and a half prior to the school saying he was no longer allowed to use that restroom. 

Stucker argued this violates both the 2007 Iowa Civil Rights Act and the Iowa Department of Education's guidelines. 

Stucker's mother Jennifer Larson told KCAU that the school said there was "no concern on safety, but it was rather a student's feelings of maybe being uncomfortable in the bathroom with transgender students."

Larson sees it as more than a transgender issue. 

“It’s ostracizing those students and making them feel separate from everyone else and I don’t get how, the school is all about bringing us together and being one with the community and a one school equality thing and this does not fall in line with what they claim they want to do,” Larson told KCAU.

Executive Director of Iowa Safe Schools Becky Smith told Local 5 the student who complained to the school is allowed to do so, but the response from administrators does bring up legal concerns. 

"It's pretty cut and dry, it's against the law," Smith said. "We have amended the Civil Rights Code in 2007 to include gender identity when it comes to public spaces and public accommodations, which does include gendered spaces like restrooms and locker room facilities." 

Smith said this is not the only rule that is being broken. 

"Not only does this violate the student's right to access a space that affirms their gender identity, but the Iowa Department of Education has also released policy briefs and guidance stating it's always best to work with the student and allow them to use the facility that aligns with their gender identity," she said. "We know that students are better students when their gender identity is affirmed, which also aligns with Title IX."

Stucker started an online petition to allow transgender students like him to use public restrooms at Spirit Lake Schools on Monday. As of Friday, it has more than 1,000 signatures. 

“It really is important because there’s a lot of especially younger trans kids in the school who really need a safe place to grow up and the school isn’t providing that right now,” Stucker told KCAU.

WATCH | 'It takes a lot to accept your transness and to live in your truth': Iowans observe Transgender Day 

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