Texas Attorney General Ken Paxton escalated his inquiry into Austin ISD, issuing a second demand for records tied to allegations that the district was aware a student used a bathroom inconsistent with their sex assigned at birth, according to a statement released Monday by Paxton’s office.
The second letter requests district policies and enforcement actions taken in response to a parent allegation that a transgender student used a bathroom not aligned with their sex at birth.
The renewed request builds on an ongoing investigation in March, when Paxton’s office sought documents from Austin ISD leaders after receiving a 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,” which governs sex-segregated spaces in public schools. The measure requires districts to restrict multiuser bathrooms and similar facilities based on sex assigned at birth and has become a flashpoint in disputes over how schools accommodate transgender students.
The Attorney General’s office renewed its request to the district after receiving a second complaint on April 2, alleging a male student used a girls’ restroom at Austin ISD’s Performing Arts Center. Paxton’s office said the new allegation prompted additional scrutiny of whether the district has consistently enforced the law. Paxton is demanding updated policy documentation to verify consistent enforcement across the district.
“I will continue to hold Austin ISD accountable and ensure that any violations of the Texas Women’s Privacy Act are fully investigated and prosecuted to the fullest extent,” Paxton said in a statement Monday.
Austin ISD said it received the letter from the Attorney General’s office and will assess the allegations and ensure the district is in compliance with the law.
The state policy went into effect in December and limits transgender people’s use of public bathrooms in government buildings. More than a dozen states have also passed bathroom bills limiting transgender people’s use of bathrooms that align with the gender with which they identify.
Paxton’s initial notice to Austin ISD earlier this year marked the first major enforcement action of SB 8 against a school district and alleged the district and Austin High School were made aware by a parent that a student used a restroom not consistent with the student’s sex at birth.
In February, conservative group Texas Values put out a statement linking to a complaint filed to the state by the parent of an Austin High School student. That complaint alleged the district was notified by the unnamed parent in January and February of possible violations of SB 8, but the parent filed a complaint to the Attorney General’s Office after the issue remained unresolved. Paxton’s office did not confirm whether this was the same case he referenced in the first Austin ISD letter.
Austin ISD was set to incur a $5,000 per day penalty while the violation continued, Paxton’s office said in March. The penalty amount is different from what is outlined in SB 8, which states a $25,000 fee for a first time violation and $125,000 for subsequent violations. Paxton’s office noted in March that the first letter was sent as a statutory prerequisite for a lawsuit and had given the district 15 days to fix the violation.
As of Tuesday, Austin ISD has not been fined by Paxton’s office, a district spokesperson said.
Paxton’s office did not immediately reply about whether Austin ISD had sent the documents requested in March, whether a financial penalty could still be imposed, whether there was a deadline and new penalties attached to this second notice or why the penalties were different than those outlined in SB 8.
