School Bathrooms

Statement

On May 13, 2016, the Obama Administration sent all Oklahoma schools a Dear Colleague letter that told school leaders that they must allow students who identify as transgender to use the bathroom that corresponds with their gender identity, rather than the sex that appears on their birth certificate.

The guidance in the letter does not have the force of law, but it implies that noncompliance will result in a federal lawsuit and the loss of federal education funds.

I have a big problem with this.

We've seen ridiculous, overreaching mandates come out of this administration over and over again, but this bathroom guidance is the most flagrant example of putting politics before people.

The administration says that the Title IX education law, which prohibits sex discrimination in public education programs, gives the U.S. Departments of Justice and Education the authority to require schools to allow transgender students to use any bathroom they want.

The reality is that the administration has redefined the term "sex" in the law to mean "gender identity." Such a drastic change in the law can't be made unilaterally by the executive branch -- it requires legislative action in Congress.

Setting aside the fact that the president's legal reasoning is completely flawed and the federal government has no business telling Oklahoma schools how to operate their bathrooms, I have major concerns with this guidance as a father of five kids in the public school system.

The Dear Colleague literally tells Oklahoma parents and students that the federal government doesn't care if they have concerns about the transgender guidance. It states that schools must, "provide transgender students equal access to educational programs and activities [including the use of school bathrooms, locker rooms, and shower facilities] even in circumstances in which other students, parents, or community members raise objections or concerns."

I have a big problem with the fact that the federal government thinks it can just disregard concerns Christie and I have about the possibility of male students going on overnight school trips or using bathroom and locker room facilities with our three girls. As the people who are closest to the situation, it should be up to us, other parents, teachers, and school leaders to determine how to accommodate our kids' needs and keep everyone safe.

Since the Dear Colleague letter was sent out, this bathroom issue has been the number one thing I've been asked about. I've heard people say that the education law we passed last year, the Every Student Succeeds Act (ESSA), is the reason why the administration has issued the guidance. This is simply untrue.

I supported the ESSA, because it was a big step towards getting the federal government out of Oklahoma's classrooms. In fact, the law gives states the ability to fully opt out of federal education mandates and forgo federal education funding. This is still an option for states that can afford to fully fund their public education systems.

I don't think the federal government should have any role in education, because federal funding always comes with strings attached. Parents, teachers, and local school boards know what is best for our children. Any decision about education in Oklahoma, including the use of school bathrooms, should be made at the state or local level.

Since I heard about the administration's guidance, I've been working to get clarification and exploring ways to block this or any related mandate from moving forward. I'm not going to let Oklahoma's schools get bullied on this issue.

Source