MIDLAND, TX (KWES) - Tania Vargas is a mother to a transgender boy that attends San Houston Elementary school in Midland.
She tells us all she wants is for her son to be accepted and happy.
"I used to believe that being gay was a choice my parents raised me that gay people were dirty, and nasty and choose to be that way, and then God gave me this child, and it changed my mindset," said Vargas.
Vargas says that her now son was born a girl named Evallen Vargas. Her son has now changed his name and goes by Toby.
Her son started identifying as a boy as early as 6 years old, but the road was not an easy one.
"I would tell him why? You are supposed to be a girl, you are supposed to be a girl......you are supposed to be a girl Toby. Girls are better. I am a girl. I am a strong girl. Girls can do everything boys can, why do you want to be a boy? And, he would say, 'Mom, I don't understand. I am in the wrong body," said Vargas.
The big issue Vargas has with the school district is her son was allowed to use the boys restroom last year. However, things changed this year with a new teacher.
"His teacher had told him that he could not go the bathroom any longer. So, it was like well what's going on? Because last year he was allowed to go to the boys bathroom," said Vargas.
Sam Houston says, that he does have the option to use the restroom in the nurse's office. But, Toby doesn't feel comfortable using the girls restroom. The mother says her son comes home and rushes to the restroom since he does not want to use the restroom at school.
"I reached out to the Midland Independent School District, and she said there was nothing in writing. There is no law, there is no policy in place, for this particular choice," Vargas said.
After reaching out to Midland Independent School District, they released the following statement:
"We love, care for and respect all of our students at MISD. We will always work with the parents on a solution that makes sense for their child's needs."