Lisa Roose-Church

Livingston Daily

Howell Public Schools’ officials are still considering options to best gather parental input regarding possible future policy stemming from an incident involving a female elementary student’s use of a boys’ bathroom. 

District spokesman Tom Gould said parents would get their say either through a public forum or online survey, the latter of which would allow anonymity to parents wishing to have privacy. 

“We want to make sure the community has the chance to give feedback,” he said Thursday. “ Hopefully, in the next week or so we’ll know when and how.” 

Gould said the Board of Education’s agendas have not been set for the June 13 or June 27 meetings.  However, he expects the topic to be discussed during at least one of those meetings. 

The issue became public in May when Howell parent Matt Stewart questioned why a female student at Southwest Elementary School used the same bathroom at the same time as his 9-year-old son. 

School officials continue to decline to say why the girl was in the boys’ bathroom and have since said: “We do not currently have any students using a restroom other than that designated for their biological gender, or requesting to do so.” 

District Superintendent Erin MacGregor previously noted the U.S. Department of Justice and Department of Education "issued significant guidance on the rights of transgender students," including those department's interpretation of Title IX of the Education Amendments of 1972, which is a "statute prohibiting sex discrimination in educational programs or activities." 

Stewart said he learned the district had no districtwide policy regarding transgender students, but MacGregor “took ownership” for “the final decision on this matter — allowing students to use the bathroom of their choosing.” 

Matt Stewart and his wife, Lindsay Stewart, kept their three sons home, but he said their sons returned to class Wednesday after MacGregor confirmed “a change in position … that HPS will ‘only provide access to restrooms designated for a student’s birth gender or to a single-user facility.’” 

“We have never sought to deprive any other student of their rights, only to protect the rights of our own children,” Matt Stewart said. “ This is an example of how we can make a difference in our communities.  An injustice was brought to our attention, and Lindsay and I spoke out, made others aware and shined a spotlight on what we felt was a hasty decision, which was not well thought out. 

“We appreciate the district's responsiveness and are hopeful that they will be more cautious and thoughtful in the future on decisions which affect so many,” he added. “ We also trust that as they seek wisdom on the correct course that they will give parents the opportunity to have a voice, and when that happens we will speak up. …  We are grateful for so many in our community who supported us.” 

The U.S. Department of Education has ordered schools to create policies to grant bathroom access to transgender students in accordance with their identities or risk losing billions of dollars in federal funding. 

While the state Board of Education is considering drafting such a policy, one isn't yet in place in Michigan. 

At the same time, 11 states have sued the federal government over the directive. 

Gould said the district has not made a buildingwide announcement to students about the issue, but there are counselors should the issue arise.  He is unaware if any students have sought guidance from teachers. 

“We’ve always taken the approach of inclusion and everyone is different,” Gould said. 

Contact Livingston Daily justice reporter Lisa Roose-Church at 517-552-2846 or lrchurch@gannett.com.  Follow her on Twitter @LisaRooseChurch.