This morning, the IFPC Legal Center filed a notice of tort claim on behalf of a Boise family whose minor daughter was exposed to a biological male in the girls’ high school restroom in violation of state law.
The girl previously attended Boise High School, where she twice encountered a biological male in the adjacent bathroom stall during the 2024-2025 school year. She believes that the biological male was masturbating in the adjacent bathroom stall during the second encounter.
Boise High School officials later told the girl and her family that the biological male had express permission to use restrooms designated for females based on his gender support plan. The girl ultimately suffered anxiety and other psychological harm as a result of the encounters, leading her parents to remove her from Boise High School and enroll her in another high school.
The notice of tort claim filed today states that Boise High School breached its duty of care under Idaho law to take reasonable steps to maintain sex-separated restrooms. The Boise School District now has 90 days to respond before a lawsuit may be filed, according to the Idaho Tort Claims Act.
In 2023, Gov. Brad Little signed Senate Bill 1100, called “Protecting the Privacy and Safety of Students in Schools,” following outcry from parents over some local public school policies that failed to adequately protect students in restrooms, locker rooms, and changing areas. Public schools that violate the law risk serious consequences—including statutory damages and liability for the psychological, emotional, and physical harm caused to students.
Senate Bill 1100 was researched, drafted, and championed by Idaho Family Policy Center. It was sponsored in the Idaho Legislature by Rep. Ted Hill (R-Eagle) and Sen. Ben Adams (R-Nampa), and is supported by 71% of likely Idaho voters, according to statewide public opinion polling.
A statement from Kevin Shupperd, senior litigating attorney for the IFPC Legal Center:
Boise High School gave explicit permission to this biological male student to use the girls’ restrooms, endangering the privacy and dignity of biological female students like the girl we represent.
We will hold the Boise High School accountable for the psychological and emotional harm that its actions caused this teenage girl, who was understandably traumatized by the experience of encountering a biological male who she believes was masturbating.
Students cannot excel academically if they don’t feel safe at school. No girl should be forced to share school restrooms with biological males—full stop.
We also trust that this serves as a warning to other public school districts across the State of Idaho. It’s time to stop flouting Idaho law and neglecting the safety of your students.
A statement from Blaine Conzatti, President of Idaho Family Policy Center:
Senate Bill 1100 was adopted by supermajorities in both chambers of our state legislature—and it’s past time for school districts to follow the law.
This case illuminates one of the key reasons why Idaho Family Policy Center commissioned the IFPC Legal Center. The policy victories we’ve achieved over the last several years are essential to building an Idaho where children are protected—but these policy victories must also be enforced. The IFPC Legal Center will ensure laws like Senate Bill 1100 aren’t just symbolic but actually fulfill the legislature’s intended purpose.
No child should suffer academically, emotionally, and psychologically because their school defies state law requiring separate bathrooms and locker rooms for biological males and biological females. It’s time to protect the privacy and safety of our girls by holding school districts accountable.
The IFPC Legal Center provides pro-bono legal services to Idaho individuals, families, and churches whose rights are under attack. The IFPC Legal Center is an initiative of Idaho Family Policy Center, the state’s premier conservative Christian public policy ministry.
