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Obama School Bathroom Decree Issued: Worse Than Expected

Obama School Bathroom Decree Issued: Worse Than Expected

Meanwhile, Texas promises to fight back

Late last night, I blogged about a NYT report that the Education and Justice Departments were issuing a bathroom edict to all government-funded schools.

As the NYT pointed out, the letter is not legally binding and has, “no force of law,” but is a threat no less. Without force of law, the only threat remaining is federal money (which should make for a fun 10th amendment fight).

So the ED and DOJ trotted out Title IX to preach about discrimination.

But it’s not a threat. Public schools will lose federal funding for noncompliance, but it’s not a threat though:

Potty Decree highlights (or lowlights):

2. Identification Documents, Names, and Pronouns
Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex. The Departments have resolved Title IX investigations with agreements committing that school staff and contractors will use pronouns and names consistent with a transgender student’s gender identity.

3. Sex-Segregated Activities and Facilities
Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes under certain circumstances.12 When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.13 Restrooms and Locker Rooms. A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.14 A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.

4. Privacy and Education Records
Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity. The Departments may find a Title IX violation when a school limits students’ educational rights or opportunities by failing to take reasonable steps to protect students’ privacy related to their transgender status, including their birth name or sex assigned at birth.25 Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).26 A school may maintain records with this information, but such records should be kept confidential.

Amendment or Correction of Education Records.
A school may receive requests to correct a student’s education records to make them consistent with the student’s gender identity. Updating a transgender student’s education records to reflect the student’s gender identity and new name will help protect privacy and ensure personnel consistently use appropriate names and pronouns.

Meanwhile in Texas, our governing officials are comparing President Obama to Judas and promising to fight back:

Texas Lt. Gov. Dan Patrick on Friday compared President Obama to Judas, as he responded to a directive the Obama administration issued to public school districts across the country Friday on transgender students.

“He says he’s going to withhold funding if schools do not follow the policy. In Texas, he can keep his thirty pieces of silver,” Patrick told reporters. “We will not yield to blackmail from the president of the United States.”

He is referring to the federal government’s move Friday to advise school districts, colleges and universities that receive federal funding to allow transgender students to use bathrooms and locker rooms consistent with their gender identity, rather than what’s on their birth certificate.

“Parents are not going to send their 14-year-old daughters into the shower or bathroom with 14-year-old boys. It’s not going to happen,” said Patrick, who added that Mr. Obama is “probably paying back the lesbian, gay and transgender community that helped him defeat Hillary Clinton in 2008 or he believes in this policy.”

Texas’ opposition to the recommendation, Patrick said, has nothing to do with being against a transgender or gay child and is “not a partisan issue.”

“It is the most damaging domestic policy. And that’s saying something for this president who gave us Obamacare,” he said.

Patrick said he will tell superintendents, “Do not enact this policy,” which he said 70 to 80 percent of the schools do not want to implement.

Obama’s Full Potty Decree here:

Dear Colleague Letter on Transgender Students by Legal Insurrection

I’m so old, I remember when using the restroom required zero government intervention.

Follow Kemberlee on Twitter @kemberleekaye


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So it’s now ok to violate the civil rights of the majority to accommodate the whims of the “confused”, fluid or attention seekers. By all means, tell the feds what they can do with their sting attached money.

2nd Ammendment Mother | May 13, 2016 at 2:51 pm

So, if my daughter (or son) acts in any way (from a raised eyebrow to a verbal objection) that is perceived as unwelcoming towards an opposite gendered person using the same locker room, dressing room, etc, I’m presuming that this guidance will create the opening for civil and criminal liability probably as a hate crime.

If you don’t think it will happen, ask our cops about the current state of affairs of their jobs since Ferguson.

assemblerhead | May 13, 2016 at 3:02 pm

Mental illness should have NO rights. Especially — NO right to be inflicted on others —.

And this is exactly what is being done.
“Gender Dysphoria” for everyone, no refusals allowed.

I think Obama has completely “lost-it” with this. A bag of marbles with NO marbles.

Good Background Info :

    obama has not lost anything. He is continuing his campaign to destroy America and its values, and his actions to accomplish that are accelerating. Six months of extreme havoc before the November elections, then 2 final months of outrage Americans have not even contemplated.

There is a simple objective here which the Left has followed for years:
1) Tax everybody
2) Only give tax money to fellow Leftists

We’ve seen this with Obamacare where extra tax money was allocated to states who implemented more generous Medicare/Medicaid programs, and we see it every day with the rest of the budget.

Time to resurrect defunding Federal K->12 education and returning the money to the local level.

    Ragspierre in reply to DaMav. | May 13, 2016 at 4:10 pm

    You poor mow-ron…!!!

    THAT was in the DNA of a Cruz presidency.

    It’s a great big “Wuh…???” to a T-rump, whose “tax plan” leaves pretty much all that in happy stasis.

    And it doesn’t come “from the local level”. It comes 80% from the people who make over $100k per year. That’s what makes it so attractive to “the local level”. We’re all a nation of whores, accustomed to letting Uncle Sugar take from others to give to us. And we’ll all used to breaking over to get it.

    It will not change under BIG GOVERNMENT T-rump. Watch and see.

      Rick in reply to Ragspierre. | May 13, 2016 at 7:21 pm

      Downthumbing Ragspierre when he tells the truth is part of the campaign to stamp out opposition.
      Has either Hillary or Trump spoken up today against obama’s bathroom decree?

    snopercod in reply to DaMav. | May 13, 2016 at 5:46 pm

    Better yet, abolish the Dept. of Education altogether.

      The Friendly Grizzly in reply to snopercod. | May 14, 2016 at 8:21 am

      Saint Ronald already did! Right around the same time he got rid of AMTRAK and the National Endowment for the Arts.

      Mannie in reply to snopercod. | May 14, 2016 at 9:24 am

      There is NO Constitutional justification for a Department of Education. It is an illegal agency.

    Ragspierre in reply to DaMav. | May 14, 2016 at 10:19 am

    “It’s a new issue and right now I just don’t have an opinion, but what I would like to do is see the states make that decision.” – Donald Ducks T-rump

    This is bald-faced punt from a guy who so little respects and understands Federalism that he’s promised to outlaw “gun free zones” and make cop killing a capital offense nation-wide. By his edict.

“Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex.”

or, extending mass “amnesty” to undocumented DNA.

Common Sense | May 13, 2016 at 3:51 pm

They trot out the White House troll Josh Earnest who says:
“Schools should not view WH guidance on bathrooms as a threat”

What is it Josh boy when you threaten to take funds away!

The whole bunch in the White should be tared and feathered and rur out of town for ever.

Sick, sick progressives!


That’s what this is.

Deflection, redirection, and deception.

While we’re all gnashing our teeth about this latest socialist offense, we pay no attention to the $20 TRILLION dollar deficit that Obama has left as a legacy for our children and grandchildren.

That is $65,000 dollars for every single person in the US.

Since president 44 kids go to an elite private school, this will not be an issue. This is another example of naked power by an “elite” class to show who is boss.

simple solution: reject all federal funds.

students/parents who complain about whatever programs are axed because of said rejection can pay for them out of their own pockets, instead of someone else’s

    Andy in reply to redc1c4. | May 13, 2016 at 5:28 pm

    Texas did this. They also said the Fed funds were used almost exclusively for the free lunch programs.

    So Obama… you want to cut off free lunch for your voters? Knock yourself out.

    Don’t mess with Texas!!!!!

So we had this woman last year who was a self described black person even though she is clearly white. So that was the germination of race as a “feeling”. Now we have gender as “feeling”. This is about assault on identity so the malleable can be remade in the creator’s image. Call bull s h i t on this with extreme prejudice.

Every school district in America should “study” how to best implement the new guidelines and simply let the clock run out on Obama and his minions. There’s not enough time left to enforce any of their foolishness. Let the delay games begin!

Homeschooling anyone?

The most surprising thing to me is that Obama’s letter doesn’t include Arabic.

nordic_prince | May 13, 2016 at 5:13 pm

The entire US Department of Education is unconstitutional to begin with. Tell them to shove it. Resistance, noncompliance, and civil disobedience are called for.

I refuse to coddle people who are mentally ill, as these “transgender” individuals clearly are. A male who insists he’s female and wants to play dress-up 24/7 is just as mentally disturbed as the guy who thinks he’s Henry VIII or the woman who thinks she’s from the planet Kandarrh. And if someone insists they’re a whatever “trapped in the wrong body,” they need help with their mental issues. Surgery doesn’t fix erroneous thoughts. Would these same people go along with the notion that an anorexic should be able to get liposuction because they think they’re fat? Why on earth then would they buy the lie that a guy can whack his pecker off and presto! he’s a “woman,” or a girl can have plastic surgery and voila! she’s a “man”?

This is societal madness ~

If I had to bet I’d guess that the 0.03% of people who are genuinely afflicted with this malady did not want to cause this dust up. They are the tools of the LGBT mafia types with an axe to grind as well as the usual suspects on left. Just shows you that everything is grist for the cultural Marxist mill.

Meanwhile in Texas, our governing officials are comparing President Obama to Judas […]

Texas Lt. Gov. Dan Patrick on Friday compared President Obama to Judas, […]

“He says he’s going to withhold funding if schools do not follow the policy. In Texas, he can keep his thirty pieces of silver,”

Um, really?! What have we come to when purportedly educated people can come up with such nonsense, and nobody challenges it? Does it really fall to this non-Christian, who has never read the New Testament, to point out that Judas was the recipient of that money, not its source? Patrick is clearly comparing 0bama to the priests who paid Judas, and Texas to a better Judas who refused the offer.

    smalltownoklahoman in reply to Milhouse. | May 13, 2016 at 6:41 pm

    It’s not uncommon to get your metaphors mixed up when you are riled up. I think most folks understand what he was trying to say.

      There was nothing wrong with his metaphor, it’s the highly educated commenters who made fools of themselves by claiming that he’d compared 0bama to Judas.

WZ reported Texas’ Abbot said even better: The fed BLACKMAIL funds in TX were used almost exclusively for the free breakfast/lunch programs.

So if Obama would like to cut that…go on ahead!!!!

This is an adult blog Jack … you can use words without trying to get around filters e.g. bullshit

    snopercod in reply to Shane. | May 13, 2016 at 5:55 pm

    Polite adults don’t use profanity among people they don’t know. This isn’t the boys locker room here.

      JoAnne in reply to snopercod. | May 13, 2016 at 7:04 pm

      Thank you. A gentleperson in the house. I am so sick of the coarseness of our society these days. I long for the days of William F. Buckley – he used devastating words that cut to the core but could be used in polite society. The one time I heard him use an expletive was a moment that jolted me out of my chair. It was so unexpected and uncharacteristic of him that it got his point across. The way profanity is used today makes everyone sound ignorant and the same. It’s lazy.

        Cleetus in reply to JoAnne. | May 14, 2016 at 7:59 am

        At a very young age I was taught that the English language has a larger vocabulary than any other language (in excess of 1 million words). I was also taught that if you cannot adequately express yourself with these million+ words and are forced to use a dozen or so profane words that many find offensive, then you are making more of a statement concerning your intelligence and ability than you are the subject of your tirade. For this stance, I have often been called an SOB (sweet old boy).

        Ragspierre in reply to JoAnne. | May 14, 2016 at 11:54 am

        When I want my men to remember something important, to really make it stick, I give it to them double dirty. It may not sound nice to some bunch of little old ladies at an afternoon tea party, but it helps my soldiers to remember. You can’t run an army without profanity; and it has to be eloquent profanity. An army without profanity couldn’t fight its way out of a piss-soaked paper bag. … As for the types of comments I make, sometimes I just, By God, get carried away with my own eloquence.
        Remark to his nephew about his copious profanity, quoted in “The Unknown Patton” (1983) by Charles M. Province, p. 184

        I have several vocabularies. Some are “oil field”, “construction site”, and “court room”.

        I use them all at my signal discretion. You are free to avert you eyes.

    jack burns in reply to Shane. | May 13, 2016 at 6:00 pm

    Fair enough, go fuck yourself Shane.

South Park was a decade ahead of this issue.

All the way back in 2005 they did the episode ‘Mr Garrison’s Fancy New Vagina’ where he had a sex change.

Then Kyle wasn’t good enough to play basketball for the state team so he had a Negroplasty to become a tall black kid.

And it finally culminated with the absurdity of a ‘trans-species’ Gerald undergoing surgery to become a dolphin and demanding that a stadium have special bathrooms for dolphins.

South Park sometimes is stupidly far ahead of its time.

smalltownoklahoman | May 13, 2016 at 6:37 pm

The timing of this couldn’t be worse for our state schools, especially that threat over federal funding. A lot of schools across Oklahoma are facing big budget shortfalls thanks to the state’s economic downturn. Our small school is facing having to cut just over $500,000 for next school year and that’s without having to face this new mandate by Obama. I think the bastard is counting on many schools not being able to forgo fed funding in order to push this through even though most may not want to comply.

    The Friendly Grizzly in reply to smalltownoklahoman. | May 14, 2016 at 8:44 am

    I am not being snide by asking this; I really do want to know: ho w much could school districts save if varsity, JV, and “B” sports were eliminated? How much is spent on after-school pay for coaches, transportation to other schools, and other sports-related expenses? Would that money be better spent on, say, books, lab supplies, and other ESSENTIAL things?

      smalltownoklahoman in reply to The Friendly Grizzly. | May 14, 2016 at 9:07 am

      Short answer: I don’t know. I’ve not seen how much of the school’s budget is dedicated to extra curricular activities nor how much of that is dedicated to sports. I think your question also needs to be weighed against how much money schools make off of these activities as well. It’s not chump change, especially for larger school districts.

Gender identity disorder or Gender dysphoria
* Males .005% to .014%
* Females .002% to .003%

billing code: ICD-10-CM is F64.1

buckeyeminuteman | May 13, 2016 at 10:25 pm

Add bathroom privacy next to doctor, healthcare plan, 2nd Amendment, Big Gulp, etc that you can no longer keep. Thanks, Obama. I actually don’t know what’s worse; boys in girls bathrooms or the limitless amount of money that the federal government has been “giving” to local school districts. In the world I grew up in, schools were funded by state and local governments. Lower federal taxes and raise local taxes if you must, at least we’d have more control over how money is wasted.

Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).26 A school may maintain records with this information, but such records should be kept confidential.

Based on this, the school cannot refer to students by name, as the students can use any name they want, on any given day. I think, if I were a school official, I would prohibit the use of student names altogether, and refer to them only by number. I suppose, so they don’t forget them, they will be required to have their number displayed on their clothing, like convicts. Also, boys and girls sports teams must be abolished. Students can sign up for the sport of their choice and compete on their merits. Is there a girls’ wrestling team? That sounds like fun. Finally gender specific pronouns are prohibited. Students are to be referred to as “it.”

Is your head spinning, yet?

    The Friendly Grizzly in reply to Mannie. | May 14, 2016 at 9:39 am

    The Germans found that permanent numbers were more durable. And if the idea was proposed and done with a straight face, I believe more than one ckivil servant would find it at least worthy of serious discussion by some committee.