Flashback to April 2016, when the Obama administration attempted to force public schools to provide access to locker rooms and bathrooms according to the "gender identity" rather than biological gender, dubbed the transgender bathroom battle, where students born with a penis and testicles would be allowed to use the womens' bathroom if they "identified" as a women, and women born with vaginas could use the mens' room if they "identified" as men.
In May 2016, Obama's Department of Education informed schools "that federal law requires them to allow students to use restrooms and locker rooms "consistent with their gender identity." This was challenged in court, with a federal court blocking implementation of Obama's order.
In a "dear colleague" letter to school districts first reported by the New York Times, the Department of Education maintains that requiring transgender students to use same-sex facilities violates Title IX, the 1972 law that prohibits discrimination based on sex. The letter was provided to USA TODAY by two administration officials who would not discuss it publicly because it hadn't been sent.