By Maria Danilova and Sadie Gurman, AP
WASHINGTON — Transgender students on Wednesday lost federal protections that allowed them to use school bathrooms and locker rooms matching their gender identities, as the Trump administration stepped into a long-simmering national debate.
The administration came down on the side of states’ rights, lifting Obama-era federal guidelines that had been characterized by Republicans as an example of overreach.
Without the Obama directive, it will be up to states and school districts to interpret federal anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identity and not just their biological sex.
“This is an issue best solved at the state and local level,” Education Secretary Betsy DeVos said. “Schools, communities and families can find — and in many cases have found — solutions that protect all students.”
In a letter to the nation’s schools, the Justice and Education departments said the earlier guidance “has given rise to significant litigation regarding school restrooms and locker rooms.”
The agencies withdrew the guidance to “in order to further and more completely consider the legal issues involved.”
Anti-bullying safeguards would not be affected by the change, according to the letter. “All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment,” it said.