Editor’s note: This is the first in a three-part series.

Transgender rights are an evolving area of the law, where case law decisions are often inconsistent. But one thing is clear—failing to proactively develop polices will create uncertainty and require unnecessary time and energy when questions ultimately arise. And, at worst, being unprepared could result in challenges from all sides—challenges similar to those faced by Township High School District 211 in Illinois. In 2013, a transgender student filed a complaint with the U.S. Department of Education against the district. The district resolved the matter by agreeing to allow the student to use the locker room associated with the student’s gender identity. As a result, a group of students and families who opposed this policy sued the district alleging privacy violations.

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