The American Council Demands Elk Grove Unified School District Suspend Student Bathroom Policy or Face Legal Action
Elk Grove, California — The American Council announced today that its attorneys have sent a formal legal demand letter to the Elk Grove Unified School District Board of Education regarding the district’s recently approved student bathroom policy.
The letter gives the district 10 calendar days to suspend enforcement of the policy or face potential legal action.
According to the letter, the American Council and families within the district contend that the policy violates students' privacy rights, especially those of female students, by permitting access to restrooms, locker rooms, and changing facilities in ways they believe compromise bodily privacy, dignity, and safety.
“This is not about animosity toward any person,” said Tanner DiBella, President of The American Council. “Every student is made in the image of God and worthy of dignity, respect, and compassion. But schools also have a clear duty to protect the privacy, safety, and dignity of young women in intimate spaces. We believe those protections matter, and we are prepared to act to defend them.”
The legal letter argues that the district’s policy creates significant legal exposure under Title IX, federal civil rights law, and California law. It cites multiple federal and state court decisions recognizing that students have legitimate privacy interests in sex separated spaces such as restrooms and locker rooms.
The demand letter calls on the district to take the following actions within 10 calendar days:
- Immediately suspend enforcement of the current policy
- Provide written confirmation that sex separated private spaces will be maintained
- Produce internal communications, legal analyses, and policy deliberations concerning the issue
- Provide a detailed corrective action plan demonstrating full compliance with federal and California law
The letter also instructs the district to preserve all documents, communications, and electronically stored information related to the adoption, implementation, and defense of the policy.
If the district does not comply, the letter states that the American Council is prepared to pursue immediate legal remedies, including filing formal complaints with the U.S. Department of Education’s Office for Civil Rights, seeking temporary restraining orders and preliminary injunctions in federal court, and pursuing damages, costs, and attorneys’ fees.
“Our goal is not hostility,” DiBella said. “Our goal is clarity, protection, and lawful policy. We are praying for the leaders of this district, for the families affected, and for every student who deserves both truth and protection.”
Tanner DiBella