Students should be able to choose which toilets they use according to their "gender identity," schools in Mass. have been told. (Marcus Quigmire)

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Students should be able to choose which toilets they use according to their “gender identity,” schools in Massachusetts have been told.

And, according to the department of education’s guidance, “at least one gender-neutral changing facility” should be included in designs for new schools.

It comes as the parents of a 6-year-old transgender boy take legal action after his Colorado school said he could not use the girls’ toilets.

In Massachusetts, which has introduced same-sex marriage, the education guidance states: “In all cases, the principal should be clear with the student (and parent) that the student may access the restroom, locker room, and changing facility that corresponds to the student’s gender identity.”

It also “strongly recommends” that school districts include “at least one gender-neutral changing facility, into the design of new schools and school renovations.”

The guidance also suggests that students could be punished if they refuse to use the pronouns relating to a pupil’s new gender identity. 

Now however, State Representative Colleen Garry, a Democrat, has brought forward a Bill to restrict access to bathrooms based on pupils’ anatomical sex.

She said: “To turn around and tell high school girls that because a young man feels he’s a female--their feelings are of no issue whatsoever--that only his feelings are important--is absolutely outrageous."

In Colorado, Eagleside Elementary School had allowed Coy Mathis to use the girls’ toilets, but decided that he should no longer be allowed to.

The school district said it had acted “reasonably and fairly” on the issue.

But the boy’s parents, Kathryn and Jeremy, have filed a complaint with the state’s civil rights division.

Mathis told an American newspaper: “We want to help create a society where it’s OK to be who you are.” 

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