Georgia officials say federal guidance on transgender rules for schools is overreaching

ATLANTA — Gov. Nathan Deal said Tuesday that he has asked the state school chief to guide Georgia public schools on how to deal with a directive Friday from federal officials on transgender students’ use of bathroom facilities at schools.

On Friday, the U.S. Education and Justice departments told schools that they must allow transgender students to use the bathroom of their choice. The guidance has no legal weight but carried an implicit threat that failure to comply with the Obama administration’s interpretation of how discrimination laws should be applied could result in lawsuits or loss of federal education dollars.

“The Obama administration’s directive, recently announced by press release, to local school systems regarding accommodations for transgender students has generated confusion and controversy among parents, students and school officials,” Deal said in a news release Tuesday. “While I do not believe this directive carries the force of law, the Departments of Justice and Education have threatened to revoke federal funding from schools that fail to comply.”

Deal said such decisions, under Georgia’s Constitution and state laws, are made at the local level.

“While our 181 school systems must each determine an appropriate response to this federal overreach,” the governor said, “I have asked State School Superintendent Richard Woods to provide guidance to those local school systems seeking assistance and clarity on this issue in order to ensure that there will be as much uniformity across our state as possible.

“Until Congress acts, I assure the citizens of Georgia that the offices of the governor, attorney general and state school superintendent will work cooperatively to protect the interests of Georgia’s children from this abuse of federal executive authority.”

Attorney General Sam Olens, in a statement Tuesday, agreed that the issue is one that should be decided on the local level and said he would take steps where appropriate to ensure that.

“I am confident that Georgia’s parents, teachers, and local communities will take every measure necessary to ensure that no child is harassed or intimidated at school for any reason — that is our responsibility as parents and leaders,” Olens said. “But the ‘Guidance’ Letter recently issued by the Obama Administration addresses a sensitive and complex issue with a sledgehammer. In yet another example of executive overreach, the administration is attempting to use executive fiat to push schools toward whatever policy outcomes it desires without any legal or constitutional support, in this case relating to dorm rooms, bathrooms and locker rooms.

“Parents, teachers and local communities have the right to determine the best way to address these issues without the heavy hand of the federal government threatening to take away billions of dollars of funding that schools rely on to educate our children. As the state’s chief law enforcement officer, I will take steps, when appropriate under the law, to ensure that these decisions are being made at the appropriate level, as demanded by principles of separation of powers and federalism under our Constitution.”