Legislators reject restroom letter

Resolution hits U.S. ‘overstep’

The Arkansas Legislative Council on Wednesday approved a resolution encouraging Arkansas school districts and higher education institutions to disregard federal instructions on transgender students' use of restrooms and locker rooms.





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The resolution calls on the U.S. Department of Justice to withdraw its civil-rights lawsuit against North Carolina over that state's law requiring transgender people to use public restrooms and showers corresponding to the gender on their birth certificates. North Carolina officials have filed suit against the federal government over its attempts to stop enforcement of the law.

The Legislative Council approved the resolution -- sponsored by Rep. Stephen Meeks, R-Greenbrier -- in a voice vote with a few audible votes against it after about five minutes of the debate. Twenty-nine other Republican lawmakers co-sponsored the resolution.

The U.S. Department of Education on Friday sent letters to school districts across the country that directed educators to let transgender students use the restrooms that correspond with their gender identities. The letter threatens legal action or the withholding of federal funds for a refusal to comply.

Gov. Asa Hutchinson, a Republican, recommended that school districts in Arkansas disregard the directive.

During the council's meeting Wednesday, Meeks said the U.S. Department of Education "overstepped its bounds."

"It is the responsibility of this body, the elected representatives of Arkansas and those who we delegate authority to, to set education policy in our state," he said, not federal officials. "In my district as well as many of yours, our constituents are angry at this attempt by the federal government to push this social experimentation on our children."

But Rep. Greg Leding, D-Fayetteville, said the federal government's instructions are "guidance and it's meant to protect all children."

"The guidance gives incredible leeway to schools to make sure that the concerns of any child are addressed," he said. "If any child is uncomfortable for any reason, the schools have the power to address those concerns."

Sen. Joyce Elliott, D-Little Rock, said she has heard from one "outraged" constituent about the federal government's directive.

"I think there are very nuanced reasons that sound really obvious to take some time and be thoughtful and do this in a way that respects the dignity of every one of our children who wants to do the most basic of things, and that's to use the bathroom," she said. "I don't think this is anything that we should be batting back and forth.

"The guidance that I really wish we would give to our schools is to say at your school site, find a way to deal with this in a way that respects all the kids, and that's the case [for] those who are non-transgender as well as those who are," Elliott said.

After the meeting, Richard Abernathy, executive director of the Arkansas Association of Educational Administrators, said districts have been accommodating students with various needs for many years.

"Accommodations have been made for students with learning needs, physical handicap needs, safety needs, etc., and districts have always tried to make sure students feel safe and secure when they enter school. Individual student rights are always taken into account as accommodations are being considered. This is really a non-issue in most districts across the state," he said.

"It could be no transgender students in their districts or they have already made some type of accommodation for them," said Abernathy.

The University of Arkansas System's institutions "have always approached sensitive issues involving student privacy on a case-by-case basis with the intent of ensuring a safe learning environment for all students while following all applicable laws," said Nate Hinkel, a spokesman for the system.

"We have single-person restrooms available for students and staff in various buildings. We have a clear non-discrimination policy that states the university does not discriminate on the basis of sexual orientation or gender identity, and we will comply with state and federal laws," said Jeff Hankins, a spokesman for the Arkansas State University System.

Metro on 05/19/2016

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