The Mississippi Board of Education on Tuesday voted 9-0 after a two-hour closed discussion to “support the position of the state leadership regarding the recent release of the federal guidance letter” on sex-based discrimination.

The guidance released jointly by the U.S. Department of Justice and the U.S. Department of Education describes their interpretation of Title IX protections against sex-based discrimination when applied to transgender students.

The joint guidance said students should have access to restrooms, locker rooms, single-sex classes and athletics teams consistent with their gender identity.

Initially, State Superintendent Carey Wright released a statement through the Mississippi Department of Education that MDE would follow the guidance, but she reversed that decision pending a decision from the board after harsh criticism from the governor and several state legislators, including Reps. Becky Currie and Vince Mangold.

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.

At over $700 million a year, federal funding makes up over 30 percent of the budgets of districts serving the state’s poorest populations. Mississippi Board Chairman John Kelly said local districts are not currently at risk of losing federal funding.

“I don’t believe it will affect federal funding for schools,” Brookhaven School District Superintendent Ben Cox said. “Whether we agree with the guidance from Washington or MDE, we’re going to do what we’re supposed to do to ensure we have a safe environment for all our students.”

Supporters of gay and transgender rights say opposition by Bryant and lawmakers is wrongheaded, saying that it’s the state’s tiny transgender population that’s at risk of harm if Mississippi doesn’t follow federal guidelines.

“The board’s deplorable action exacerbates risks to transgender students by creating a hostile environment in one of the places young people should feel safest,” Human Rights Campaign state director Rob Hill said in a statement.

Kelly said Mississippi would rely on the discretion of officials in its 144 local districts. Cox said until the Mississippi Board of Education publishes some official policy or updated accreditation standards, the local districts will have full discretion in how to treat transgender students.

“There are many solutions to the restroom issues and locker room issues,” Cox said. “We’ve been aware of different communities in our overall society and how to accommodate people from all walks of life. We’re going to continue to put children first and do what’s good for all of our students.”