Gwinnett schools will not comply with transgender bathroom directive

GWINNETT COUNTY, Ga. — A Georgia lawmaker is calling on state attorneys general across the country to fight the Obama administration's directive on public school restrooms.

Monday, the state’s largest school district said it plans to not comply with a directive handed down from President Barack Obama over transgender students and bathroom use.

Every public school district in the country

directing them to allow transgender students to use school restrooms that match their gender identity or be in violation of federal law. %

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The letter, described as “guidance” by the administration, is not legally binding, but suggests that if schools deny transgender students the right to use the restroom of their choice, they would be non-compliant with the federal law known as Title IX.

READ: Parents, students march on school board over transgender policy

If they are in violation of Title IX, they could lose federal funding or face a federal lawsuit.

Although it's not exactly what the president ordered,

saying they would provide a gender-neutral bathroom for transgender students.

"After carefully considering the issue, GCPS will continue to provide students with sex-designated restroom facilities, while offering gender neutral facilities to any student who does not wish to use the restroom facility designated for his or her biological sex."

The district says with the compromise, they will still be able to receive federal funding.

State Sen. Josh McKoon, R-Columbus, told Channel 2 Action News that he plans on introducing legislation that will challenge the federal government's sovereign immunity from lawsuits over the directive.

READ: School restroom gender controversy causing uproar in Fannin County

"We are a republic, not a monarchy. Even if Obama issue a decree, that doesn't give it any legal force," McKoon said. “If this is not resolved by next January, my intention is to introduce a bill that says if someone is victimized as a result of changing this policy, if some gets hurt, then the state will waive its immunity from suit."

Channel 2’s Nefertiti Jáquez spoke to parents on both sides of the issue. Angela Garvin, whose son is a senior at North Gwinnett High School, is defending the district’s decision.

"I feel like that's a good (compromise) to make as many people happy as possible, which I am sure is a difficult thing to do," Garvin said. “We want to accommodate everyone and be fair to everyone.”

McKoon also said that parents should be able to sue if something were to happen to their child while using a restroom.