IFPC files tort claim against Boise School District over restroom encounter

News Team

BOISE, Idaho (KIFI) — The Idaho Family Policy Center (IFPC) has filed a notice of tort claim against the Boise School District, alleging that a high school student was traumatized after encountering a biological male in a girls’ restroom. The claim asserts that the school district’s actions violated Senate Bill 1100, or Idaho’s Common Sense Law, which requires separated restrooms in public schools based on biological sex.

According to a press release from the IFPC, a female student at Boise High School twice encountered a biological male in an adjacent bathroom stall during the 2024-2025 school year. During the second encounter, the girl believes the individual was masturbating. The IFPC states that school officials later told the family the individual had “explicit” permission to use the girls’ restroom under a “gender support plan.”

IFPC argues that the girl suffered anxiety and other psychological harm as a result of the experience, leading her parents to remove her from Boise High School and enroll her elsewhere.

“We will hold Boise High School accountable for the psychological and emotional harm that its actions caused this teenage girl, who was understandably traumatized by the experience,” said Kevin Shupperd, a senior litigating attorney for the IFPC Legal Center. “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.”

The notice of tort claim states that the Boise School District breached its duty of care under Idaho law by failing to maintain sex-separated restrooms. Under the Idaho Tort Claims Act, the school district now has 90 days to respond before a lawsuit can be filed.

Senate Bill 1100, officially titled the “Protecting the Privacy and Safety of Students in Schools” act, requires public schools to maintain separate bathrooms, locker rooms, showers, and overnight accommodations based on biological sex.

The law has been the subject of legal challenges. In a significant development, the U.S. Court of Appeals for the 9th Circuit unanimously upheld the law in a March 2025 ruling.

“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,” said Blaine Conzatti, president of the Idaho Family Policy Center.

Shupperd added in the release, “We also trust that this serves as a warning to other public school districts across the State of Idaho. It’s time to stop flaunting Idaho law and neglecting the safety of your students.”

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