Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/59

 gender identity, he is a boy and should be permitted to use the boys’ restrooms.

In 2017, the Department of Education withdrew earlier guidance which had instructed that the term “sex” under Title IX included gender identity and that schools must allow transgender students to use sex-segregated restrooms, locker rooms and shower facilities consistent with their gender identity. Doc. 152, Def. Ex. 84, 237. The School Board contends that the withdrawal of that guidance signifies that the Department of Education disagrees with an interpretation of “sex” that includes gender identity for purposes of Title IX. But the 2017 Guidance stated it was withdrawing the earlier guidance because it had not undergone any formal public process and had been issued without extensive legal analysis or explanation as to how it was consistent with Title IX. Doc. 152, Def. Ex. 237. Thus, the rescission of the old guidance without issuing new guidance does not provide any interpretation of Title IX from the Department of Education. , 290 F. Supp. 3d at 326–27 (rejecting contention that withdrawal of previous guidance meant that school could