NY vows to protect LBGTQ students

ALBANY -- New York leaders on Thursday said the state's public schools will continue to uphold the rights of gay and transgender students after the Trump administration withdrew federal policies a day earlier.

The federal education and justice departments on Wednesday rolled back guidance installed last year by the Obama administration that allowed students to use school bathrooms of their chosen gender.

The decision sparked outcry among gay-rights advocates, and Gov. Andrew Cuomo, Education Commissioner MaryEllen Elia and Attorney General Eric Schneiderman all said New York has a law on the books to protect all students in schools.

They dismissed the federal order, saying it would not affect the state's nearly 700 school districts.

“In New York, whether you are gay, straight or transgender, Muslim, Jewish or Christian, rich or poor, black or white or brown, we respect all people," Gov. Andrew Cuomo said in a statement.

"And we will continue to enforce our laws and stand united against those who seek to drive us apart.”

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In 2012, New York put into law the Dignity for All Students Act, an anti-bullying measure that aims to fight discrimination and harassment in public schools.

Schneiderman and Elia argued the federal position doesn't eliminate provisions of the federal Title IX that prevents schools from denying students access to facilities or programs based on gender identity -- saying doing so could be sexual discrimination.

In 2015, Schneiderman and Elia put out guidance to New York schools on how to address gender protections. New York is one of 15 states to have explicit protections for transgender students.

“Our most sacred duty as parents, educators and leaders of state agencies is to protect all of the children in our care,” Elia said in a statement.

As part of the guidance, state officials said schools could consider alternative accommodations for transgender students, such as a single “unisex” bathroom or private changing space.

On Wednesday, White House Press Secretary Sean Spicer said the issue should be left to the states, saying Trump is "a firm believer in states' rights and that certain issues like this are not best dealt with at the federal level.''

The federal change comes after the Obama administration last year said schools need to allow transgender students to use restrooms matching their chosen gender. The guidance, though, was being held up in the courts.

Cuomo urged in a letter to Elia to put out specific guidance to schools to address the federal action. Elia and Schneiderman suggested the guidance from 2015 still stands.

“The Trump administration’s decision to rescind this guidance sends a dangerous and divisive message and threatens some of our most vulnerable young people,” Schneiderman said in a statement.

"But in New York state, the law remains the law -- and school districts have independent duties to protect transgender students from discrimination and harassment when they go to school."