Donald Trump to transgender students
The administration came down on the side of states’ rights, lifting the Barack Obama-era national guidelines characterised by Republicans as an example of overreach.
Without the Obama directive, it will be up to states and school districts to interpret anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identity and not just their biological sex.
‘This is an issue best solved at the state and local level,’ education secretary Betsy DeVos said.
‘Schools, communities and families can find, and in many cases have found, solutions that protect all students.’
In a letter to the nation’s schools, the justice and education departments said the earlier guidance ‘has given rise to significant litigation regarding school restrooms and locker rooms’.
The agencies withdrew the guidance ‘in order to further and more completely consider the legal issues involved’.
But anti-bullying safeguards remain, according to the letter, which said: ‘All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment.’
It was not clear what immediate impact the change would have on schools, as a federal judge in Texas put a temporary hold on the Obama guidance soon after it was issued, after 13 states sued.
Even without that hold, the guidance carried no force of law, but transgender rights advocates said it was useful and necessary to protect students from discrimination.
Opponents argued it was federal overreach and violated the safety and privacy of other students.
The Obama administration’s guidance was based on its determination that Title IX, the federal law prohibiting sex discrimination in education, also applies to gender identity.
But the guidance did not sufficiently explain its interpretation of that law, Mr Sessions said in a statement.
Source: http://metro.co.uk/2017/02/23/donald-trump-revokes-obama-policy-that-affected-transgender-students-6466849/
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