President Donald Trump's transgender bathroom protections could rollback former President Obama's guidance, which called for public schools to allow transgender students to use the bathrooms and locker rooms according to their gender identity.
White House Press Secretary Sean Spicer announced Tuesday that the Justice Department plans to issue new guidelines on the matter, The Associated Press reported.
"I think that all you have to do is look at what the president's view has been for a long time, that this is not something the federal government should be involved in, this is a states' rights issue," Spicer said, according to the AP.
A draft of a two-page letter to public schools said school administrators, parents and students have "struggled to understand and apply the statements of policy" originally set in place by the Obama administration, The Washington Post reported. A final version of the letter was expected to be issued by the Education and Justice departments Wednesday, saying the departments "have decided to withdraw and rescind the above-referenced guidance documents in order to further consider the legal issues involved."
The proposal sparked disagreement between Attorney General Jeff Sessions and Secretary of Education Betsy DeVos, according to The New York Times.
DeVos reportedly told the president that she wasn't comfortable with signing off on the order, but Sessions – who needs her signature – reportedly pressed her to get on board, the Times reported.
Sources close to the matter told the Times that Trump told DeVos in a meeting on Tuesday that he wanted her to side with him and Sessions on this issue of transgender bathroom protections, and DeVos reportedly relented.
"School administrators, parents and students have expressed varying views on the legal issues arising in this setting," the draft order says, according to the Times.
"Schools must ensure that transgender students, like all students, are able to learn in a safe environment," the order also states.