Capital Highlights

Three states seek clarity on federal transgender guidelines

AUSTIN — Attorneys General Ken Paxton of Texas, Patrick Morrissey of West Virginia and Scott Pruitt of Oklahoma are seeking clarification of the federal government’s guidelines regarding bathroom access and other issues involving transgender students.

On May 13, the Civil Rights Division of the U.S. Department of Justice and the Office for Civil Rights of the U.S. Department of Education sent a nine-page letter to schools nationwide establishing guidelines for bathroom accessibility and other issues related to the treatment of transgender students, including:

- A safe and nondiscriminatory environment;

- Identification documents, names and pronouns;

- Sex-segregated activities and facilities; and

- Privacy and education records.

A condition for receiving federal funds, according to the letter, is that a school agrees that it will not exclude, separate, deny benefits to or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX of the Education Amendments of 1972 or its implementing regulations.

The three state attorneys general responded by saying the federal agencies’ “Dear Colleague” letter raises more questions than it answers. Their joint letter also requests that the Obama Administration “be extremely clear about what is and isn’t allowed” and respond by May 24.

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