Late last night, I blogged about a NYT report that the Education and Justice Departments were issuing a bathroom edict to all government-funded schools.

As the NYT pointed out, the letter is not legally binding and has, “no force of law,” but is a threat no less. Without force of law, the only threat remaining is federal money (which should make for a fun 10th amendment fight).

So the ED and DOJ trotted out Title IX to preach about discrimination.

But it’s not a threat. Public schools will lose federal funding for noncompliance, but it’s not a threat though:

Josh Earnest says schools should not view WH guidance on bathrooms as a threat — Charlie Spiering (@charliespiering) May 13, 2016

Potty Decree highlights (or lowlights):

2. Identification Documents, Names, and Pronouns

Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex. The Departments have resolved Title IX investigations with agreements committing that school staff and contractors will use pronouns and names consistent with a transgender student’s gender identity. 3. Sex-Segregated Activities and Facilities

Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes under certain circumstances.12 When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.13 Restrooms and Locker Rooms. A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.14 A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy. 4. Privacy and Education Records

Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity. The Departments may find a Title IX violation when a school limits students’ educational rights or opportunities by failing to take reasonable steps to protect students’ privacy related to their transgender status, including their birth name or sex assigned at birth.25 Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).26 A school may maintain records with this information, but such records should be kept confidential. Amendment or Correction of Education Records.

A school may receive requests to correct a student’s education records to make them consistent with the student’s gender identity. Updating a transgender student’s education records to reflect the student’s gender identity and new name will help protect privacy and ensure personnel consistently use appropriate names and pronouns.

Meanwhile in Texas, our governing officials are comparing President Obama to Judas and promising to fight back:

I announced today that Texas is fighting this. Obama can't rewrite the Civil Rights Act. He's not a King. #tcot https://t.co/vDgfQPZXjR — Greg Abbott (@GregAbbott_TX) May 13, 2016

Texas Lt. Gov. Dan Patrick on Friday compared President Obama to Judas, as he responded to a directive the Obama administration issued to public school districts across the country Friday on transgender students. “He says he’s going to withhold funding if schools do not follow the policy. In Texas, he can keep his thirty pieces of silver,” Patrick told reporters. “We will not yield to blackmail from the president of the United States.” He is referring to the federal government’s move Friday to advise school districts, colleges and universities that receive federal funding to allow transgender students to use bathrooms and locker rooms consistent with their gender identity, rather than what’s on their birth certificate. “Parents are not going to send their 14-year-old daughters into the shower or bathroom with 14-year-old boys. It’s not going to happen,” said Patrick, who added that Mr. Obama is “probably paying back the lesbian, gay and transgender community that helped him defeat Hillary Clinton in 2008 or he believes in this policy.” Texas’ opposition to the recommendation, Patrick said, has nothing to do with being against a transgender or gay child and is “not a partisan issue.” “It is the most damaging domestic policy. And that’s saying something for this president who gave us Obamacare,” he said. Patrick said he will tell superintendents, “Do not enact this policy,” which he said 70 to 80 percent of the schools do not want to implement.

Obama’s Full Potty Decree here:

Dear Colleague Letter on Transgender Students by Legal Insurrection

I’m so old, I remember when using the restroom required zero government intervention.

Follow Kemberlee on Twitter @kemberleekaye



