Texas Attorney General Ken Paxton’s office announced Friday it has notified Austin ISD of a citizen complaint via a state tip line alleging a violation of Senate Bill 8, also known as the Women’s Privacy Act or the “bathroom bill.”
In his statement, Paxton said Austin ISD and Austin High School were aware that a student used a restroom that was not consistent with their sex at birth. The state policy, which went into effect in December, limits transgender people’s use of public bathrooms in government buildings. Texas is among more than a dozen states to have passed bathroom bills limiting transgender people’s use of bathrooms that align with the gender with which they identify. The measures have become one of the most contentious fronts in the state’s ongoing fight over how schools handle gender identity and transgender student rights. Friday’s announcement appears to be the first major enforcement action of SB 8 against a school district and follows another investigation Paxton’s office said earlier this year it would launch against Austin ISD.
The announcement comes after conservative group Texas Values put out a statement Feb. 17 linking to a complaint filed to the state by the parent of an Austin High School student. The parent’s complaint alleges the district had been notified by a parent in January and February of possible violations. In the complaint, the parent, who is not identified by name, said they informed the school on Jan. 15 about the alleged violation, and followed up on Feb. 10 after saying the issue remained unresolved. Alleging the school did not respond and the issue was not resolved, the parent filed a complaint to the Attorney General’s Office.
Austin ISD did not immediately respond to an email and calls for comment. However, in response to media inquiries last month, the district said in a statement it was aware of the concerns and was working with the campus to determine the facts surrounding the allegation.
Paxton’s office did not say whether the complaint flagged by Texas Values was the same as that referenced in the announcement or whether the complaint was verified. The Texas Attorney General’s Office did not immediately respond to emailed requests for additional details, including whether it was the same complaint, how the complaint was verified and whether an official investigation had already been launched.
Austin ISD was advised it will incur a $5,000 penalty per day that the violation continues, Paxton’s office said in the statement. The amount differs from penalties outlined in SB 8, which state a $25,000 fee for a first time violation and $125,000 for subsequent violations. The notice was sent as a statutory prerequisite for Paxton’s office to file a lawsuit, the statement said, adding that the district has 15 days to cure the violation.
“The law is clear that political subdivisions in Texas must not allow biological men to use girls’ bathrooms and locker rooms,” Paxton said in the statement. He said his office would explore every legal avenue available.
Elva Mendoza, legislative communications associate with advocacy group Texas Freedom Network, said she has two Austin high schoolers and another who will be next year. As an advocate, she said she is angry to hear of Paxton’s investigation. As a parent, she is heartbroken.
“We at TFN knew when Gov. Abbott signed this discriminatory bill that it would stigmatize and intrude on the lives of gender non-conforming Texans who just want to go about their day in peace and now we are seeing that play out in real time,” Mendoza said. “This is nothing but state-sanctioned surveillance, discrimination, harassment and humiliation.”
Last month, Paxton also pledged to investigate Austin ISD over student walkouts in protest of Immigration and Customs Enforcement actions locally and nationally.
Senate Bill 8 was authored by state Sen. Mayes Middleton, R-Galveston, who faces a runoff election in May against U.S. Rep. Chip Roy for the Republican nomination to Texas Attorney General. Meanwhile, Paxton faces a runoff against incumbent Sen. John Cornyn for his seat in the U.S. Senate.
