Maureen Groppe

mgroppe@gannett.com

WASHINGTON — Rep. Luke Messer introduced legislation Wednesday to block the Obama’s administration’s new guidelines that call on schools to allow transgender students to use the restrooms and locker rooms that correspond to the gender they identify with.

The Shelbyville Republican’s bill would prevent schools from losing federal funding if they don’t follow the guidelines.

Messer said such decisions “should be made at the state and local level by people who will put the interest of our kids ahead of political ideology.”

“It’s irresponsible for the Obama administration to begin this social experiment in the bathrooms of our nation’s elementary schools,” Messer said in a statement.

If Messer’s bill were to be voted on by Congress, it would have to receive enough support to be able to override an expected presidential veto.

The federal guidance was sent to schools last week, the same week the Justice Department and North Carolina exchanged lawsuits over that state's new bathroom law. It requires people to use the public restrooms that correspond to the sex observed on their birth certificate.

Obama said the federal rules are designed to protect transgender students from bullying.

"Anybody who has been in school, in high school, who has been a parent should realize that kids who are sometimes in the minority — kids who have a different sexual orientation or are transgender — are subject to a lot of bullying, potentially," Obama told the website Buzzfeed Monday.

Indiana Superintendent of Public Instruction Glenda Ritz praised the directive last week. But Indiana Gov. Mike Pence criticized the guidelines, saying "the federal government has no business getting involved in issues of this nature."

Pence: Hoosiers should decide transgender bathroom issue, not feds

While the guidance doesn't have the force of law, it tells schools how the Education Department intends to enforce Title IX — a federal law that prohibits sex discrimination in school programs and activities — in the future. And because Title IX is directly tied to federal education funding, the guidance carries an implied threat: Follow the federal guidelines or risk losing those funds.

The letter last week was addressed to all schools that receive federal funding, including 16,500 school districts and 7,000 colleges, universities and trade schools. It also applies to charter schools, for-profit schools, libraries and museums that receive federal aid.

Indiana receives more than $1.5 billion in federal funding for various education programs. Another $2.4 billion in federal funds is spent on student loans.

Any threat of funding loss would be directed at the noncompliant school, not the entire state.

But the denial of federal funds appears to be a recourse the federal government is reluctant to take. Addressing the North Carolina law last week, White House press secretary Josh Earnest said the Obama administration "will not take action to withhold funding while this enforcement action is playing out in the courts."

More than three dozen House Republicans, including Rep. Todd Rokita, R-Indianapolis, sent a letter to Obama on Monday asking him to rescind “your poorly executed threat to school districts across the country and reaffirm their right to govern themselves as they see fit within the bounds of the law.”

“We view this as an effort to implement your administration’s political agenda outside the bounds of the law and against the will of the American people,” the lawmakers wrote.

USA TODAY reporter Gregory Korte and IndyStar reporter Chelsea Schneider contributed to this report.

Email Maureen Groppe at mgroppe@gannett.com. Follow her on Twitter: @mgroppe.

Being transgender in a Hoosier high school