The Defense of Freedom Institute for Policy Studies (DFI) and the Liberty Justice Center (LJC) have filed a federal civil rights complaint against the Illinois State Board of Education (ISBE) and Chicago Public Schools (CPS), alleging violations of Title IX.
The complaint, submitted to the U.S. Department of Education’s Office for Civil Rights (OCR), challenges policies that allow students to use bathrooms, locker rooms, and overnight accommodations based on self-declared gender identity rather than biological sex.
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According to the complaint, ISBE and CPS enforce policies that require students to share intimate facilities with individuals of the opposite biological sex. The organizations argue that these policies subordinate sex to gender identity, contradicting Title IX’s original intent to provide equal educational opportunities based on sex.
DFI and LJC further claim that the policies pressure students who are uncomfortable with the arrangements to use alternative facilities rather than ensuring single-sex spaces remain available. CPS guidance states that students who seek additional privacy may request alternative accommodations, such as using a private restroom, rather than adjusting policies that allow transgender students access to facilities aligned with their gender identity.
The complaint also raises concerns about parental rights and transparency in school policy. It cites ISBE’s guidance, which allegedly prevents schools from notifying parents or chaperones about the housing arrangements of transgender, nonbinary, or gender-nonconforming students on overnight trips. DFI and LJC argue that this excludes parents from key decisions about their children’s well-being and violates their rights to be informed about their children’s school activities.
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Citing multiple federal court rulings that have rejected expansions of Title IX’s definition of sex to include gender identity, the complaint urges the U.S. Department of Education to intervene. It calls for an immediate investigation into ISBE and CPS and warns that federal funding could be at risk if the alleged violations continue.
DFI President and Co-Founder Bob Eitel criticized the policies, stating, “Congress intended Title IX to ensure that schools provide equal educational opportunities without regard to sex—not to erase biological reality and force women and girls into uncomfortable and unsafe situations. ISBE and CPS are prioritizing ideology over student safety, privacy, and parental rights.”
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Jacob Huebert, President of the Liberty Justice Center, echoed these concerns, arguing that schools are undermining parental authority while also violating federal law.
“The Illinois State Board of Education and Chicago Public Schools are violating parents’ right to raise their children by hiding important information about their children’s activities at school. They’re also violating federal law by forcing women and girls to share facilities with the opposite sex. We’re asking the Department of Education’s Office for Civil Rights to hold them accountable.”
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