CHICAGO (AP) — A federal magistrate has recommended a district judge deny a group of parents’ request to bar a transgender student from a suburban Chicago high school’s restrooms and locker rooms.

Tuesday’s recommendation by Magistrate Judge Jeffrey Gilbert now goes to U.S. District Judge Jorge Alonso, who is presiding over a lawsuit filed on behalf of parents whose children attend Palatine-based Township High School District 211.

If Alonso agrees with Gilbert’s recommendation, the transgender student won’t be forced to use facilities separate from fellow students.

In November, the student told the U.S. Education Department that she was denied access to facilities for the gender she identifies with. Federal authorities found the school district in violation of Title IX, which bans discrimination based on gender.