CONWAY, S.C. (AP) – Horry County Schools has agreed to let a transgender student use the boys’ bathroom after he was suspended for using the “wrong” bathroom.

Media outlets report that the Transgender Law Center sent an email April 21 to Horry County Superintendent Rick Maxey threatening legal action if a transgender high schooler wasn’t allowed to use the bathroom consistent with his gender identity.

The email said Horry County Schools had until Wednesday to respond.

Horry County Board of Education chairman Joe DeFeo confirmed that the district agreed to allow the student to use the bathroom consistent with his gender identity. He also says the suspension will be removed from the student’s record.

DeFeo says the school board plans to vote on Monday as to whether it will file an amicus brief in support of the Virginia school district, which stands against a federal appeals court’s decision which says the Virginia school district violated TIX.

The Transgender Law Center says the student had used the boys’ bathrooms throughout middle and high school without incident, until he was suspended in January.