Schaefer, who did not respond to requests for comment, also wrote that the last year that schools can require children to use restrooms that align with their biological sex. TASB guidance stated that the court doesn’t have jurisdiction in Texas. The association said no other court presiding over the state has ruled as to whether children must use restrooms that align with their gender-identity.
“Districts are tasked with finding a reasonable resolution that addresses each situation as best as possible, in light of nondiscrimination principles and practical options,” TASB’s guidance stated. It offered suggestions on how schools can communicate with the students and parents to develop a plan for the use of available facilities, including gender-neutral restrooms or changing rooms.
Dunne-Oldfield rejected the claims outlined in Schaefer’s letter, saying TASB “does not tell districts to allow males to enter female restrooms” or advise them to subvert parental rights. “In fact, we assert that school districts should work with students and parents in navigating these situations and that, ‘parents have the right to direct the upbringing of their children and make medical decisions for them,’” Dunne-Oldfield said in a statement.
Paxton’s office, which did not respond to requests for comment, has not issued any statements about Schaefer’s request for a review of TASB’s guidance. But this would not be the first time Paxton has weighed in on whether school employees have to tell parents about a child’s gender identity.
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