AUSTIN – Several Texas legislators have publicly asked Attorney General Ken Paxton to investigate a recent legal memo issued to schools by the Texas Association of School Boards (TASB).

The TASB document, which discusses “legal issues related to transgender students,” offers recommendations for several situations, including restroom accessibility, locker room privacy, and field trip attendance.

TASB claims to address “some of the more common questions school boards face” regarding recent legal interpretations of Title IX, the federal statute that bans sex-based discrimination.

Throughout the memo, the TASB references a variety of precedents, such as Obama-era Department of Education’s Office of Civil Rights resolution agreements and Supreme Court cases like Bostock v. Clayton County (2020), that pertain to how gender identity relates to anti-sex discrimination laws.

The memo suggests that “Under federal law, transgender students have the right to be free from discrimination based on their gender identity and to freely express that gender identity.”

“Transgender students should be permitted to wear clothing that aligns with their gender identity,” the memo claims, adding, “School districts should also use the preferred name and gender of the transgender student unless specifically prohibited by law.”

Referring to bathroom usage that does not align with biological sex, the guidance warns that “if the transgender student’s requests are not granted, then a school district will need to be prepared to demonstrate all the options considered and attempted, and to articulate a reasonable, non-discriminatory rationale for denying any requests.”

The TASB also notes that some schools have chosen to obscure information about students from parents “if a parent does not support a student’s gender transition,” noting that “Schools have instructed staff to call a transgender student by the student’s preferred name at school but to refer to the student by the name on the birth certificate in all communications with parents.”

However, the TASB goes on to suggest, “Ultimately, the best advice is to assess each situation as it comes, working closely with the student, parents, and district counsel to reach a resolution that protects the learning environment for all.”

Responding to the guidance, Rep. Bryan Slaton (R-Greenville), along with Reps. Brian Harrison (R-Waxahachie), Tony Tinderholt (R-Arlington), and Mark Dorazio (R-San Antonio), requested that the Office of the Attorney General “thoroughly review this material and provide further guidance to Texas school boards on the issue.”

“Additionally, we ask your office to identify potential changes in law to ensure Texas public schools reflect the values of Texas voters, that parental rights are always protected, and that every student’s safety and privacy is protected,” the quartet of representatives continued.

Rep. Dorazio explained to The Dallas Express, “I am deeply disappointed and, frankly, disturbed by the so-called ‘guidance’ put out by TASB. One of the fundamental roles of government is to protect its people, and the children, specifically the young girls, who attend our public schools deserve the full force of our protection.”

“I will never support sacrificing the safety and privacy of our school-age young girls and young women for the feelings of others,” Dorazio asserted, “most especially adults like those at TASB who are clearly more concerned with virtue-signaling than good campus policy.”

Additional legislators also denounced the document including Sen. Mayes Middleton (R-Galveston), Rep. Nate Schatzline (R-Fort Worth), and the members of the Freedom Caucus also sent a letter to the attorney general.

TASB Deputy Executive Director Tiffany Dunne-Oldfield defended the legal guidance, explaining to The Dallas Express, “TASB develops and updates its legal FAQs in response to questions received from school officials and attorneys across Texas … Taken as a whole, the document conveys that this is a complex and emerging area of law involving sensitive decisions.”

“To set the record straight, TASB Legal Services does not tell districts to allow males to enter female restrooms or locker rooms,” she continued. “We also don’t direct or advise districts to subvert parental rights on preferred pronouns and gender identity.”

“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 asserted.

“TASB welcomes any informed conversation or review of the legal issues related to transgender students as school districts are increasingly facing legal questions related to this topic,” she concluded.

“If there are changes to the law on this topic, TASB will again update its FAQ to provide a general understanding of this evolving and complex area of law.”

Several bills filed in the Texas legislature could impact the legal questions considered by the TASB guidance document.

Sen. Bob Hall (R-Rockwall) has filed a bill “prohibiting instruction regarding sexual orientation or gender identity for public school students.”

Additionally, Rep. Jared Patterson (R-Frisco) authored a similar bill that emphasizes “the fundamental right of a parent to make decisions regarding the upbringing and control of the parent’s child.”

The Dallas Express also reached out to the ACLU of Texas and the Texas House LGBTQ Caucus comment regarding the letter to the attorney general but did not hear back prior to publication.