Ricardo Cano

The Republic | azcentral.com

Diane Douglas, the state's top education administrator, on Friday denounced the decision by President Barack Obama's administration to direct public school districts across the country to let students use bathrooms and locker rooms consistent with their gender identity.

“This directive is yet another example of federal overreach negatively impacting our state’s schools," Douglas said in a statement.

"Every local community across Arizona is unique, and I know that the people who live in those communities should be making the decisions when it comes to this and many other education issues," Douglas said.

But Arizona transgender advocates — and one West Valley parent of a transgender student — praised the move, saying it will give transgender students the same civil rights as other students.

Q&A: What does the Department of Education say about transgender bathrooms?

"It feels extremely good to have the backing of the federal government when so often the opposite has been the case," said Josef Wolf Burwell, a board member of TransSpectrum of Arizona, a transgender advocacy group.

The guidelines, released by the U.S. Department of Education and Justice Department, direct schools to treat transgender students "consistent with their gender identity" regardless of how they are legally identified.

The directive threatens to withhold federal funding from school districts, saying districts that receive federal assistance are expected to abide by the guidelines.

Parent: Guidelines protect transgender students

Paula Charlebois of Glendale said she was thrilled. The guidelines will benefit transgender students such as her 11-year-old son, Luke.

"Today is a big day in our world," Charlebois said.

Luke began making the transition to a boy as a first-grader at Cotton Boll Elementary School in the Peoria Unified School District. He is now a fifth-grader.

The school has worked with Luke to make accommodations, and classmates have supported him, she said.

At first, Luke was allowed to use the restroom in the nurse's office. This year, he's been using the boys' restroom.

Charlebois recalled how happy her son was last year when he saw his name — Luke — on the classroom assignment list.

She is hopeful the guidelines from the Obama administration will ensure Luke's rights are protected when he moves on to other schools.

She said other transgender students and parents have not had the same experience as her son.

Charlebois is a member of AZ Typo, a parent support group for transgender students. She said parents in the 30-member group have shared stories of some of the obstacles they have encountered at other schools.

She said one parent of a transgender student was told by school officials to write a formal announcement notifying other parents of students in the class before accommodations could be made, Charlebois said. The parent felt rebuffed.

"We’ve been very fortunate that our son's school has been very supportive from day one," Charlebois said. "Most of these kids have had a terrible time."

Criticisms over federal overreach

Douglas said Friday it is unfair for the government to threaten to withhold federal funding to force schools to comply with an issue best handled at the local level.

Douglas, a Republican, was elected in 2014, after running a campaign that focused on preserving local control for school districts, including fighting against federally developed academic standards known as Common Core.

“My office would never dictate how locally elected school boards should manage their restroom facilities, and certainly would not do so under the threat of lost funding," Douglas said in a statement.

"I have full confidence that government at its least and lowest level is most answerable to constituents on these matters,” she said.

White House faces conservative backlash to transgender bathroom guidance

The guidelines also sparked an outcry from state Senate President Andy Biggs, a Republican from Gilbert who is running for Congress. In a statement, he said he was "appalled" by the guidelines and believes they violate the 10th Amendment of the Constitution limiting the federal government's powers.

"Not only does this directive run afoul of the tenth amendment, but it has no place in the value system that we seek to instill in our children from their earliest age," Biggs said in a statement. "The rules and norms of modern society may change, but biology will not — nor do the Constitutional rights of states."

A spokesman for the Governor's Office did not immediately return an email asking for comment.

Guidelines still being processed

Many school districts are still processing how to address the guidelines.

Danielle Airey, spokeswoman for Peoria Unified, said in the past the district handled the issue on a case-by-case basis, such as Luke, the student at Cotton Boll Elementary School.

"Our practice has been to work together with the student and the family to address their specific needs," Airey said.

She said Peoria Unified administrators were unsure how Friday's directive would affect schools in the district.

The Phoenix Union High School District, meanwhile, is moving forward to determine how to put the guidelines into practice, said Craig Pletenik, the district's spokesman.

In August, the district updated its non-discrimination policy to include protection of gender identity and gender expression, he said.

"While case-by-case and mutual accommodations have worked in the past, in light of the decree issued, we will convene our leadership team as well as community stakeholders, including students, to develop clear practices and/or policies to ensure compliance and, most importantly, protect the well-being of all students," Pletenik said in an email.