On the same night that the DOJ announced it would not withhold federal funds to NC while the lawsuits over HB2 play out, news leaked that the Obama administration’s Departments of Justice and Education will issue a letter today (Friday) detailing bathroom policies for every public school district in the country.
The New York Times was provided a copy of the letter, and they published excerpts, which include:
“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…..As soon as a child’s parent or legal guardian asserts a gender identity for the student that “differs from previous representations or records,” the letter says, the child is to be treated accordingly — without any requirement for a medical diagnosis or birth certificate to be produced. It says that schools may — but are not required to — provide other restroom and locker room options to students who seek “additional privacy” for whatever reason.”
Also, according to the Times, the letter itself does not have the force of law, but it does include “an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.”