A great example of conflict between the three levels of government.
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Texas Attorney General Ken Paxton on Tuesday issued an opinion saying the Fort Worth school superintendent who made headlines for formulating guidelines to accommodate transgender students exceeded his authority. Paxton also said that a portion of the guidelines instructing district employees not to out transgender students to their parents might violate state law.
Citing a part of the Texas education code, Paxton wrote that school district boards of trustees — not superintendents — are required to adopt policies while superintendents can only implement those policies “by developing administrative regulations.”
Attorney general opinions are not legally binding, and Paxton's interpretation has no direct legal impact on the Fort Worth district.
The Fort Worth ISD guidelines are in line with a directive from the Obama administration — issued after the guidelines were adopted — that instructed school districts across the country to ensure that transgender students are not discriminated against. Republican Lt. Gov. Dan Patrick requested the opinion three weeks after calling for Fort Worth ISD Superintendent Kent Scribner’s resignation.
