Transgender Bathroom

Transgender Mandate? Department of Education Doesn’t Want to Talk About It

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Shortly after the departments of education and justice issued their “joint guidance” directive, mandating that public schools must accommodate transgender students or face the loss of federal funding, U.S. Sen. James Lankford (R-Okla.) issued a challenge that has since been unmet.

“I believe that the Dear Colleague letter on transgender students advances substantive and binding regulatory policies that may only be imposed on schools through an act of Congress followed by the promulgation of rules compliant with notice-and-comment procedures,” he wrote in a letter to Secretary of Education John King. “Such statutory direction or adherence to rulemaking processes would have shaped a smarter policy better fortified against impending legal challenge.”

The letter included a number of specific questions, with a demand that they be answered by May 31. Now, more than a month later, Lankford said in a recent interview the Obama Administration is refusing to cooperate with lawmakers who want DoE officials to answer questions about the transgender mandate.

The senator scheduled a hearing, after consulting with DoE officials to ensure their participation, for Wednesday. However, they informed the chairman of the Senate Subcommittee on Regulatory Affairs and Federal Management this week that they will not be able to attend.

They offered no explanation, nor any alternative dates. Repeated phone calls to the DoE to inquire about the matter have not been answered. The Senate will take its summer recess on July 15 and won’t return until September.

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