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Paxton targets Austin ISD in what seems to be Texas’ first enforcement of ‘lavatory invoice’

March 8, 2026
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People hold signs in front of the Texas Capitol during a protest for transgender kids' rights on Mar. 1, 2022.
Individuals maintain indicators in entrance of the Texas Capitol throughout a protest for transgender children’ rights on Mar. 1, 2022. Credit score: Texas Tribune / Lauren Witte

This story was initially printed by the Austin Present is a nonprofit native information group of The Texas Tribune, reporting on Austin authorities, schooling and progress. Join Austin Present’s free publication right here.

Texas Legal professional Common Ken Paxton’s workplace introduced Friday it has notified Austin ISD of a citizen criticism by way of a state tip line alleging a violation of Senate Invoice 8, also called the Girls’s Privateness Act or the “lavatory invoice.”

In his assertion, Paxton stated Austin ISD and Austin Excessive Faculty had been conscious {that a} scholar used a restroom that was not in keeping with their intercourse at start. The state coverage, which went into impact in December, limits transgender folks’s use of public bogs in authorities buildings. Texas is amongst greater than a dozen states to have handed lavatory payments limiting transgender folks’s use of bogs that align with the gender with which they establish. The measures have turn out to be some of the contentious fronts within the state’s ongoing battle over how faculties deal with gender id and transgender scholar rights. Friday’s announcement seems to be the primary main enforcement motion of SB 8 towards a faculty district and follows one other investigation Paxton’s workplace stated earlier this 12 months it could launch towards Austin ISD.

The announcement comes after conservative group Texas Values put out a press release Feb. 17 linking to a criticism filed to the state by the guardian of an Austin Excessive Faculty scholar. The guardian’s criticism alleges the district had been notified by a guardian in January and February of potential violations. Within the criticism, the guardian, who just isn’t recognized by identify, stated they knowledgeable the varsity on Jan. 15 concerning the alleged violation, and adopted up on Feb. 10 after saying the difficulty remained unresolved. Alleging the varsity didn’t reply and the difficulty was not resolved, the guardian filed a criticism to the Legal professional Common’s Workplace.

Austin ISD didn’t instantly reply to an electronic mail and requires remark. Nonetheless, in response to media inquiries final month, the district stated in a press release it was conscious of the considerations and was working with the campus to find out the details surrounding the allegation.

Paxton’s workplace didn’t say whether or not the criticism flagged by Texas Values was the identical as that referenced within the announcement or whether or not the criticism was verified. The Texas Legal professional Common’s Workplace didn’t instantly reply to emailed requests for added particulars, together with whether or not it was the identical criticism, how the criticism was verified and whether or not an official investigation had already been launched.

Austin ISD was suggested it would incur a $5,000 penalty per day that the violation continues, Paxton’s workplace stated within the assertion. The quantity differs from penalties outlined in SB 8, which state a $25,000 price for a primary time violation and $125,000 for subsequent violations. The discover was despatched as a statutory prerequisite for Paxton’s workplace to file a lawsuit, the assertion stated, including that the district has 15 days to remedy the violation.

“The legislation is evident that political subdivisions in Texas should not enable organic males to make use of women’ bogs and locker rooms,” Paxton stated within the assertion. He stated his workplace would discover each authorized avenue out there.

Elva Mendoza, legislative communications affiliate with advocacy group Texas Freedom Community, stated she has two Austin excessive schoolers and one other who shall be subsequent 12 months. As an advocate, she stated she is indignant to listen to of Paxton’s investigation. As a guardian, she is heartbroken. 

“We at TFN knew when Gov. [Greg] Abbott signed this discriminatory invoice that it could stigmatize and intrude on the lives of gender non-conforming Texans who simply need to go about their day in peace and now we’re seeing that play out in actual time,” Mendoza stated. “That is nothing however state-sanctioned surveillance, discrimination, harassment and humiliation.” 

Final month, Paxton additionally pledged to examine Austin ISD over scholar walkouts in protest of Immigration and Customs Enforcement actions domestically and nationally.

Senate Invoice 8 was authored by state Sen. Mayes Middleton, R-Galveston, who faces a runoff election in Might towards U.S. Rep. Chip Roy for the Republican nomination to Texas Legal professional Common. In the meantime, Paxton faces a runoff towards incumbent Sen. John Cornyn for his seat within the U.S. Senate.

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