Transgender Bathroom

(AP Photo/Toby Talbot)

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Matthew Brown

South Alabama's representative on the Alabama State Board of Education is pushing for a statewide reversal of the Obama Administration's guidance on transgender bathrooms.

Matthew Brown, in a news release issued Monday, said he will pitch a resolution during next month's board meeting that requires all public school students in Alabama to use a facility "corresponding to that student's biological sex" as record on the birth certificate.

Brown introduced his resolution during the board's meeting on Thursday, one day before President Barack Obama issued a directive that transgender students at public schools must access the restrooms and locker rooms matching their gender identity.

"I saw the writing on the wall months ago and knew that we needed to take preemptive measures to protect our students," said Brown, who was appointed to the board by Alabama Gov. Robert Bentley last year. "I am glad that we are moving one step ahead of the President on this one."

State school board members, like Ella Bell, said they were referring comments to the board's attorney. AL.com also reached out to the board's media representative, who is expected to provide reaction later in the day.

Brown said he could seek a vote on the resolution at the board's June 9 meeting. He also said he will work with other state agencies to make sure the best course of action is pursued.

Brown said he believed his proposed resolution is an issue of protecting the separation of powers established in the U.S. Constitution.

"We must stand against this President's unconstitutional efforts to bypass Congress and rewrite laws," he said.

Public schools around the country received the Obama Administration's letter containing what the Justice and Education departments refer to as "significant guidance," which includes making individual-user options available to all students who voluntarily seek additional privacy.

The federal guidance on the transgender bathroom debate has prompted a fierce backlash, especially among conservative leaders. The most notable battle is in North Carolina, where the federal government and state leaders are poised for a legal standoff over a controversial bill banning individuals from using public bathrooms not corresponding to their biological sex and restricts cities from passing nondiscrimination laws.

In Texas, both the governor and lieutenant governor criticized the president for the directive, calling it both "blackmail" and "social engineering."

Alabama school officials have been monitoring the issue for several months. Officials at the Alabama Association of School Boards, during its winter meetings, provided information to school officials about federal court rulings related to the issue.

The Alabama Department of Education, at that time, said there was no statewide rule or policy regulating building facilities, and that it's up to the local schools to abide by their rules. The state does have policies regarding bullying and suicide prevention.

Local districts, in many cases, also have their own policies on bullying, but nothing specific on lesbian, gay and transgender issues.

Terry Wilhite, spokesman with the Baldwin County School System, said federal directives are sent to the state department which, in turn, reviews them and offers direction to local school systems.

"We've not received any information yet from the Alabama State Department of Education," said Wilhite. "When we do, it will be reviewed by the superintendent and school board attorney."