As was predicted in a previous post (somewhat in between the lines admittedly), the born-in-the-sex bathroom policy established by the Gloucester County School District in Virginia is being challenged. The policy, which was passed a few weeks ago, stats that children in the district must use bathrooms in accordance to their birth sex. Transgender students with "genuine" gender identity issues will use separate facilities.
The ACLU has filed a complaint stating that the district's new policy (created in reaction to out transgender student Gavin Grimms's use of the boys' bathroom this school year, for which he was given permssion by the school principal) is a Title IX violation.
After the school board approved the policy, Grimms was forced to use the unisex bathroom located in the nurse's office. In addition to isolating him (as noted in the article), it also requires him to--I would imagine--go out of his way to use the bathroom; an inconvenience not experienced by other students.
This does not appear to be a formal legal challenge at this point, though I imagine the ACLU is prepared to go that route if the school board digs its heels in and ignores precedent regarding this issues.