Congress uf the United States ‘Washington, BE 20515 May 19, 2016 ‘The Honorable Loreta Lynch ‘The Honorable John King _Attomey General Secretary of Education United States Department of Justice United States Department of Eduestion 950 Pennsylvania Avenue, NW 400 Maryland Avenue, SW ‘Washington, DC 20530 Washington, DC 20202 Dear Attorney General Lynch and Secretary King, (On May 13, 2016, the United States Department of Education (*ED") and Department of Justice (DOI") released significant guidance regarding the ED and DO!'s interpretation of Tie IX's| ‘prohibition of sex discrimination in educational programs and activities operated by rexpiens of Federal financial aid. This guidance expands the ED and DOS's interpretations of sex discrimination to include not only an individuals biological sex, but also an individual's internat sense of gender. Specifically, the guidance states tht: “As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the bass of ‘sex any person in its educational programs or activities unless expressly authorized todo so under Title IX or its implementing regulations. The Departments tres a student's gender identity asthe student's sex for purposes cf Title [X and its implementing regulations. This means that a school must not teat transgender student differently from the way it treats other students ofthe sare sender identity.” ‘Considering this guidance, please: 1, Clarify specifically all actions that the ED and DOI, jointly or separately, wil uke against or regarding teacher, school administrator, educator, school contractor, or person volunteering a school who does not comply with this guidance, 2. Detail whether the ED and DOJ will recognize or accommodate rights of conscience and privacy in an individual's or insstuion’s non-compliance with this guidance;Congress of the United States ‘Minna, Bet 20515 3._Listall actions thatthe ED and DO), jointly or separately will take against o: regarding school, school district, or state in which a teacher, school administrator, educator, school contactor, or person volunteering at a school doesnot comply with his guidance; 4, Detail ll actions that a school, teacher, school contactor, and person volunteering must take tobe in compliance wth this guidance; 5. Confirm whether ED and DOJ consider this guidance to be legally binding and whether ED and DOJ will report this guidance to Congress; 6. Delineate the statutory authority under which ED and DOS issue this guidance; 17. Explain why schools must disregard the privacy, "discomfort," and emotional strain imposed on other students during use of bathroom, showering, and changing facilities and overnight sceommodations as these schools comply with tis guidance; end 8. Explain to what extent teachers, guidance counselor, schoo! administrators nd parents and guardians of students were consulted regarding the implementation and effet of this guidance. We expect a reply by May 30, 201 and we lok forward to your response, Sincerely, .RK WALKER (NC-06) Member of Congress RICHARD HUDSON (NC-08) Ce RODGERS (WA-03) Member of Congress Menber of Conese ec — Ion acer ‘dy FDI (6-03) ManberofComee Meme of CongressCongress of the United States ‘Wastinoton, BE 20515 MIKE KELLY (Pa- ‘Member of Congress yy / BE OBLENAAR Ot) “Membe: of Congress ‘ROB BISHOP (UT-O1) Member of Congress ROBERT rarenent (c-09) Member of Congress Beg. ‘ikosy “Member of Congress Ol Se ‘CHRIS STEWART (UT-03) “Member of Congress J, ‘BILL POSEY (FL08) “Member of Congress ‘BRUCE WESTERMAN (AR-04) “Member of Congress Gene “Menber of Congress ERNILK GA ‘of Congress Hone WMasviv ‘THOMAS MASEIE (RY 04) Member of CongessCongress of the United States ‘Washington, DE 20515, lA G LAMALFA (CA-01) Member of Congress BOB GIBBS (0#-07) Member Com — ‘SCOTTDESIARLAIS(TNOS) _—=—_—RALPH ABRAHAM, MD.(LAA5) Member of Congress Member of Congress is ke Watersle ram, fe JACKIE WALORSK! (IN-02) JOSEPH R. (PA-16) “Moniber of Congres Menke of Congres oss Ta es DxvIROUZER o EARL "BUDDY" CART! ; Mente of Congres Meme of Congress -Congress of the United States ‘Washington, BC 20515 Lh fo ee 1-08) Ge Og “CWI “Member of Congress ‘Member of Congress PAUL GOSAR (AZ-04) ak 2 Co tale Le RR tal ae en ee DiGi 74 Fe “MARK MEADOWS (NC-1!) BILL FLORES (TX-17) Menber of Congress Member of Congress EVIR CRAMER (ND) DANIEL WEBSTER FL0) Menber of Congress Menter of Congress Seteetrrsceas — oe, ener of Congress Member of CongresCongress af the United States ‘Washington, BE 20515 Ques Black beth 4 lea ‘DIANE BLACK (TN-06) (RFITH ROTHFUIS (PA-12) “Member of Congress ‘Member of Congress BILL HUIZENGA (M-02 sae come ern ‘yy Member af Congress Member of Congress Zi ANDY BARR (Ky MIKE BOST (It-12) Member of Member of Congress bot 09) uigfcr-10, ANDTHARRIS ( bbe Member of Congress Member of CongressCongress of the United States ‘Waslington, BE 20515 Pte La~ PETE OLSON (TX-22) Member of Congress "AN(TN-02) SEA Fay ‘of Congress ‘Member of Conaress HERSARLI VICRY HART? 4 (Moun G ner of Con Member of Congress “ADRIAN SMITIP(NE-3) Meaber of Congress Member of Congsess Semon ‘SAM JOHNSON (TX-03) ‘Member of Congress Hebh a Be aiden 4d Member of Congress Member of CongressCongress of the United States ‘Washington, BE 20515 ofa 265 (X21) ‘AUSTIN SCOTT (GA Menber of Congress Menber of Congress OA —— ihe — ANEY (C- Member of Congress Member of Con SIZ CBee : wrist ¥OEM SD) MICHAPL CONAWAY CTI) Member of Congest, Monet of Congress STEVE PEARCE (M02) Leh Gai) Lowa Member of Congress Menber of Conress TRENTPRANKS (96-05) STEPHEN FINCHER (1N-08) Memb of Congr Menber of Conress 7 HULSE cL DARIN LAHOOD (L-18) Member of Coles Menber of CongressCongress of the Huited States ‘Washington, BE 20515 Ted Member of Congress