APS to keep transgender bathroom policy, for now

Critics vow to go on with repeal push

Albuquerque Public Schools will keep its controversial transgender bathroom policy in place despite the Trump administration’s rollback of Obama-era guidelines that directed schools to allow students to use facilities aligned with their gender identity.

In a prepared statement, APS spokeswoman Monica Armenta said the district is waiting for more information.

“The Obama mandate was issued for all public schools, while President Trump’s communication states that the issue should be decided at the local level,” Armenta said. “Until we have clear guidance as to what local level means, we will continue to follow our current policy and procedural directive pertaining to nondiscrimination of students and gender identity and expression.”

APS instituted its districtwide directive in June, providing broad protections for transgender students. For instance, a child who was born male but identifies as female can choose a new name, dress as a girl, be addressed as “she,” play on girls sports teams and access the girls restroom and locker room.

Board members and administrators said they wanted APS schools to be welcoming for all children and referenced the U.S. Department of Education guidance issued in May that extended Title IX antidiscrimination rules to transgender

students.

On Wednesday, the Trump administration rescinded those guidelines, citing concerns about federal government overreach.

The New Mexico Public Education Department supported the decision.

“We’re hopeful this new guidance will allow our districts to better address this issue at the local level — where we believe it’s handled best,” said PED spokesman Robert McEntyre.

Critics of the APS transgender directive have vowed to continue pushing for its repeal.

Adelious Stith, a father who attended every board meeting for months to share his concerns, said parents should have had more involvement in crafting the policy.

“Right now the leadership at APS is representing the special interests and those who have come before them with their emotional plea,” Stith said. “Until the parents’ input is involved, I will continue to visit school board and visit the superintendent and say the same thing. The parents’ input needs to be included here, not just the special interests, not just the LGBT, not just lesbians and homosexuals, not just those who are liberal.”

Adrien Lawyer, codirector and co-founder of the Transgender Resource Center of New Mexico, praised APS for sticking with its policy in spite of the protests.

“We are proud to see that they are going to hold on,” he said. “It takes courage right now. They will be on the right side of history.”

Santa Fe Public Schools instituted a broad transgender directive shortly before APS. Rio Rancho Public Schools has not created specific policies for transgender students, but administrators support equal access and nondiscrimination.

“The New Mexico Human Rights Act has prohibited discrimination based on sexual orientation and gender identity since 2003, so our policies did not change with the action by the U.S. Department of Justice and the U.S. Department of Education in May of last year, nor will they change with the most recent action by the current administration,” RRPS spokeswoman Beth Pendergrass said in a statement.

“We work with staff, students and their families to promote educational opportunities which do not stereotype individuals and also work on a case-by-case basis to ensure students feel safe, supported and are treated equitably based on their needs.”