RIcardo: The district told us that they cannot discriminate on who they hire and such if they can only find a male aide, and if they cannot find a female staff to assist my daughter with her toileting needs, then a male could assist my daughter in the bathroom. I don’t think this is acceptable at all. They also don’t want to include toileting needs in the IEP. What legal arguments can be made for the requirement that only female staff can assist my 6 year old daughter DS with her toileting needs?
I suggest you check what state guidance says about this, and district policy. If there is no written district policy, then they are flying by the seat of their pants — which means they are making up their policy as they go along with you.
You may need to work you way up the administrative ladder, politely, patiently and persistently, and eventually ask to meet with the Board of Education in a closed session. This seems like a common sense, child-centered request.
I googled the question and found one district document — this will give you an idea what you’re looking for: http://tses.district833.org/assets/General%20toileting%20Principles.pdf