Corunna, Mi. - Over 90 people attended the Corunna School Board Meeting Monday where the Board was to take a vote on whether transgender children can use the opposite biological sex restroom and locker rooms. Several people spoke including Linda Lee Tarver that is running for a seat on the Michigan State Board of Education. Most were against biological males using a biological girl's restroom. There was a small contingency of young adults wearing masks and sporting t-shirts supporting transgender students.  

After the people attending were allowed to speak their views the Board took care of regular business with the issue of Transgender rights held to the end of the meeting.  

Corunna School Superintendent John Fattal spoke thanking all the people who came and spoke. Mr. Fattal assured all that the Board listened to each person.  

Mr. Fattal, “As several people spoke tonight that there may be some legal opinion that is opposite from the advice, we got from our School Attorneys.” “We have been advised by True Law Firm and by the Michigan Association of School Administrators, who concur, that it is well settled law that schools must allow students to use the restroom based on their identity: based on case law.”  

Mr. Fattal then stated that there is no law that specifically states that this, but case law does.  

Mr. Fattal continued, “The Board has what is called qualified immunity, that you cannot be held personally liable for any decision that you make, so long as you don’t make a decision that is incompetent, or you knowingly violate the law. And again, based on the legal advice from our attorneys, who are experts in school law and by the MASA, we would knowingly be violating the law if this Board makes any decisions that says it will not allow Transgender students from using the restrooms of their choice.” 

Mr. Fattal, “Several people tonight have said If this is where we are at, what can we do?” Mr. Fattal continued, “I think that everyone that was here tonight personally agree that we want all students to be comfortable using the restrooms no matter how they identify or what their biological sex is.”  

Mr. Fattal then talked about how they are going to be creating private stalls with walls going from floor to ceiling and doors that may only have a small opening at the top and the bottom. They are looking at either building stalls for the urinals or possibly pulling all the urinals out. Mr. Fattal stated that once stalls and doors are installed staff members could enter the main area of the restroom to help with any children misbehaving.  

Regarding Locker Rooms, Mr. Fattal said, “I believe that the restrooms and locker rooms are two separate issues.” 

Mr. Fattal spoke about the Supreme Court ruling that Transgender is a protected class.  

Mr. Fattal, “Locker Rooms, However, I believe are in a different class. In a bathroom stall there is an assumption of privacy, in a locker room there is not an assumption of privacy. So, again according to our law firm locker rooms use has not been well settled in court cases. Yes, there are recommendations but, the cases that have been stated are only regarding restroom use.” 

Mr. Fattal, “I would recommend to the Board to develop policy that makes locker room usage specific to biological sex. We will still work with Transgender students to provide them with alternative options that we have.” 

Mr. Fattal stated that they still could still be sued however, they would not lose their qualified immunity, because it is not well settled. 

The Board voted unanimously to allow Transgenders to use the restroom of their choice but that locker rooms will stay for Biological Males and Females.  

The Board is looking at creating policies and bringing them to the June Board Meeting.