MDE changes stance on transgender directive

Published 9:42 am Wednesday, May 18, 2016

Reps. Becky Currie and Vince Mangold, both Republicans from Brookhaven, signed an open letter asking State Superintendent Carey Wright to disregard legal guidance released jointly by the U.S. Department of Justice and the U.S. Department of Education, which interpret Title IX protections against sex-based discrimination to include transgender students.

After releasing a statement last week saying the Mississippi Department of Education would adhere to the federal guidelines, Wright released a statement today saying MDE would take no action at this time.

“Pending a discussion with the Mississippi State Board of Education, I am instructing the Mississippi Department of Education to follow the lead of state leadership and take no action at this time regarding the non-regulatory guidance from the U.S. Department of Justice and the U.S. Department of Education,” she said in a statement.

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The joint guidance said students should have access to restrooms, locker rooms, single-sex classes and athletics teams consistent with their gender identity. Title IX is tied to federal funds, so while the document does not have the force of law, the federal government could deny federal funds to schools who fail to comply until the question of gender identity and Title IX is answered in the courts.

“The Representatives of DeSoto County, the State of Mississippi and its citizens stand with Gov. Bryant asking the Mississippi Department of Education to disregard the recent edict handed down by the federal government on school bathroom policy. The demand that all state public schools allow students to use the bathroom and locker room of the ‘sex they identify as’ is nonbinding and does not carry the force of law,” the letter from lawmakers states.

“We ask you, Dr. Wright, to withdraw the recent policy statement made on May 13, 2016, that states the Mississippi Department of Education will adhere to the ‘joint guidance’ issued by the U.S. Department of Justice and the U.S. Department of Education. The policy of allowing boys or men into the bathrooms and locker rooms with girls poses a threat to the safety and well-being of every school-aged girl in this state. The policy is in direct opposition to the morals and values of the people of Desoto County and Mississippi and puts our children in danger.

“Dr. Wright, if you are unable or unwilling to protect our children by reversing this policy, we ask that you step down from your position as leader of our educational system. The people of this state demand a leader who shares our goals and values and who is willing to protect our children even under pressure from federal agencies to do otherwise. We also expect a swift and public reversal of this decision.”

Other representatives who signed the letter include Dana Criswell, District 6; Dan Eubanks, District 25; Robert Foster, District 24; Jeff Hale, District 28; Ashley Henley, District 40; Bill Kinkade, District 52; Steve Hopkins, District 7; Shane Barnett, District 86; and Lester “Bubba” Carpenter, District 1.

Though the issue was expected to be discussed at a Lincoln County School District school board meeting Monday, it was not.

Currie did not respond to a request for comment Tuesday.