It's falls under Title IX, the DOJ and DOE issued guidance specifying how public schools including universities need to accommodate transgender students.
"When the president threatens the state of Texas and other states that he will withhold money, we're not going to be blackmailed by his 30 pieces of silver," Lt. Governor Dan Patrick said.
Texas Tech Law professor Kyle Velte said it's not a threat.
"These guidances are very common, to help schools navigate the complexities of Title IX law," Velte said.
Established in 1972, Title IX prohibits discrimination on the basis of sex under any education program or activity receiving federal monies.
"Discrimination based on transgender status or against transgender people is sex discrimination and falls under the term sex in Title IX," Velte said.
The Department of Justice and the Department of Education issued the guidance to allow transgender students to use restrooms that correspond with the gender they identify with.
"Same for locker rooms,same for example a prom dress for a transgender woman that all has to be permitted if not it is a violation of title of nine based on sex," Velte said.
Governor Abbott plans to fight the directive tweeting: "Obama can't rewrite the Civil Rights Act. He's not a king."
Velte said it's ignorance, on the governor's behalf.
"I think it's a lot of fear mongering and misunderstanding, i think for cisgender folks who have never met a transgender person that they know of, there's a lot of fear of the unknown and I think the these politicians are trying to capitalize on that fear of the unknown when really there's no basis for that fear," Velte said.
"You can't discriminate against people because of their gender identity, you cant force people with a specific gender identity to use a different facility, that's discriminating against them," White House Press Secretary Josh Earnest said.
Velte said discomfort has never been a reason to give up protecting the civil rights of others.
"The same arguments were made for desegregation, I don't want to share a school house with a black person, I don't want to share a bathroom or a water fountain or a restaurant with a black person these are the same arguments we've seen in the past and history has shown which side we want to land on," Velte said.
"They're different and we don't like what's different, we're not comfortable with it, it's not what we're used to," President of the Feminist Majority Leadership Alliance Annika Conrick said.
Some Texas Tech students are on board with the guidelines.
"I think they should be allowed to use whatever sex they claim to be," one Tech student said.
"However somebody wants to identify, they just need to respect it. I don't see why it's such a big deal," another student said.
If schools decide to ignore the directive, they could run the risk of losing federal funding.
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Lubbock-Cooper ISD statement:
"As always, student safety, security, and overall well-being are the top priority of Lubbock-Cooper ISD. School officials will continue to uphold the best interests of all students and resolve any and all issues that may arise in a manner that will not compromise student safety or privacy."
Lubbock ISD:
“Lubbock ISD has no policy on bathroom and locker room use by transgender students. We have not yet received any official communication from the U.S. Department of Justice or the U.S. Department of Education on this issue. As with anything involving students, we will continue to work through this on a case-by-case basis in a way that upholds the privacy, safety and best interest of all students.”
Frenship ISD:
“This morning, Frenship ISD received the Joint Guidance to Help Ensure Rights of Transgender Students for the U.S. Department of Education and Justice. Today is our first chance to view the new material so we are currently in the preliminary stages of reviewing the content. Our goal at Frenship ISD is to provide the strongest and safest educational environment to all students that allows each of them to reach their maximum potential. When any sensitive matter that could potentially hinder this goal for a student arises, we handle it with respect, sensitivity, and discretion. This matter will be handled in the same manner.”
