On Wednesday, February 22nd, the Trump administration revoked the joint guidance issued by the Department of Justice and Department of Education regarding transgender student rights in schools. The guidance, published in May 2016, directed public schools to allow students to use the restroom matching their gender identity and threatened to cut funds to any school that did not abide by the guidance. The joint guidance stated that requiring transgender students to use the restrooms and locker rooms based on their sex at birth violates Title IX of the Education Amendments of 1972, the federal law that prohibits discrimination based on sex in educational programs or activities. The guidance also provided that publicly disclosing a transgender student’s birth name or biological sex violates the Family Educational Rights and Privacy Act of 1974 (FERPA), and that schools must change a student’s gender on school records when asked by a parent, without requiring production of medical records or a birth certificate.

The departments wrote that the Trump administration wants to take a closer look at the legal issues involved.  They also stated that these issues should be primarily decided by the States and local school districts.  At the same time, the departments emphasized that schools need to ensure that all students, including LGBT students, are able to learn and thrive in a safe environment.

The revocation of this guidance, may impact the current case before the United States Supreme Court regarding transgender students, Grimm v. Gloucester County School Board. In Gloucester, the Supreme Court granted certiorari to determine whether to defer to an Agency’s letter that does not carry the force of law, and whether the Department of Education’s interpretation of Title IX should be given effect by courts. Because the underlying guidance was revoked, the Supreme Court may determine that the issue is now moot and could dismiss the case.