Kansas State Board of Education votes to ignore Obamafs transgender bathroom directive
By Emma Brown
June 15 at 10:50 AM - The Washington Post
The Kansas State Board of Education has voted to ignore the Obama
administrationfs directive on accommodating transgender students, joining a wave
of opposition from politicians nationwide who say the decree amounts to federal
overreach.
The Kansas board argued that local schools are best suited to decide how to
handle issues that transgender students confront in school, including which
bathrooms they are allowed to use and which name and gender appears on class
rosters and other school records.
Its vote to push back against the Obama administrationfs decree — which
requires schools to allow transgender students to use the bathroom that matches
their gender identity — was unanimous Tuesday afternoon.
gWe are firm in our belief that decisions about the care, safety and
well-being of all students are best made by the local school district based on
the needs and desires of the students, parents and communities they serve,h said
the statement adopted Tuesday.
gIn Kansas, like many other states, our schools have been addressing
transgender student needs with sensitivity and success for many years.h
The Obama administrationfs guidance is not legally binding, but schools
and districts that donft comply can be investigated and can lose federal
education funding if they refuse to come into compliance. Its not clear whether
the state boardfs vote is enough to put Kansas at risk of losing its federal
education funding, which amounts to about 9 percent of the statefs K-12
education budget, according to a spokeswoman for the state education
department.
A spokeswoman for the U.S. Education Department did not immediately respond
to a request for comment Wednesday morning.
Obama administration officials and LGBT activists have said that the
directive is necessary to ensure that schools are protecting the civil rights of
some of their most vulnerable students. Transgender people report high rates of
bullying and harassment, as well as depression and attempted suicide.
But the directive has sparked a backlash from politicians and activists who
say that the administrationfs stance — and particularly its stance on bathroom
and locker room access for transgender children — amounts to a federal overreach
that endangers studentsf privacy.
Texas and 10 other states have filed a federal lawsuit challenging the
administrationfs directive, saying it ghas no basis in lawh and could cause
gseismic changes in the operations of the nationfs school districts.h Kansas
Attorney General Derek Schmidt said
earlier this month that Kansas would also sue, but that it had not decided
whether to join the 11 other states or file a separate suit.
Not everyone agrees that Kansas schools are effectively serving transgender
children.
Stephanie Mott, executive director of the Kansas Statewide Transgender
Education Project, said she regularly receives phone calls, emails and text
messages from students who donft feel comfortable in school because
their teachers insist on calling them by the wrong name or wonft allow them
to use the restroom that matches their identity.
Mott called the boardfs vote gextraordinarily sad.h
gThe state board of education has no idea what itfs like to be a
transgender person in this state, especially a transgender youth in a
school thatfs not accommodating,h she said.
Mott and other activists say that Republican state lawmakers are turning
transgender children into a bargaining chip in a long-running fight over school
funding, threatening to introduce legislation that would force children to use
bathrooms that match the sex listed on their birth certificates unless Democrats
fall into line with the Republican majority.
State Rep. John Whitmer (R-Wichita) told the Wichita
Eagle that he plans to introduce the transgender bathroom bill
only if Democrats gmuck us uph during an upcoming special session on school
funding. If the legislature fails to come up with an equitable
funding plan, the state supreme court could force public schools to shut down at
the end of the month.
gThe school board is sitting up there going, eEverything is wonderful in
Kansas schools,f and at the same time we have a legislator whofs going,
eIfm going to make it more difficult for all transgender students in the state
of Kansas,'h Mott said. gTherefs a huge disconnect there.h
In an interview Wednesday, Whitmer said that he wants the special session to
move quickly and stay focused on funding, and would only introduce the bathroom
bill if Democrats try to pass new gun controls or other such unrelated measures.
gOnce you put your pet issues on the back burner, Ifll do the same with
mine,h he said.
Whitmer said he does expect the legislature to consider the
bathroom bill during its next regular session.
Here is the full text of the statement adopted by the Kansas board on
Tuesday:
The Kansas State Board of Education believes that every child has the right
to a high quality education delivered within a safe, inclusive and supportive
school system.
In Kansas, like many other states, our schools have been addressing
transgender student needs with sensitivity and success for many years. Just as
every child is unique, so too is every school community. With that
understanding, we are firm in our belief that decisions about the care, safety
and well-being of all students are best made by the local school district
based on the needs and desires of the students, parents and communities they
serve.
The recent directive from the civil rights offices of the United States
Department of Education and the U.S. Department of Justice regarding the
treatment of transgender students removes the local control needed to
effectively address this sensitive issue. We must continue to provide our
schools the flexibility needed to work with their students, families and
communities to effectively address the needs of the students they
serve.