On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected in two documents issued by the Obama Administration. Those guidance documents interpreted Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations, which prohibit sex discrimination in educational programs and activities operated by recipients of Federal financial assistance, to prohibit discrimination based on a student’s gender identity, including discrimination based on a student’s transgender status. In the new Dear Colleague Letter, the Departments explain that they have decided to withdraw and rescind the guidance documents “in order to further and more completely consider the legal issues involved” in the interpretation of Title IX, and they “will not rely on the views expressed” within the previous guidance documents. Among the points made to support the action, the Departments express a belief that “in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy.” The Departments note that the withdrawal of the guidance documents “does not leave students without protections from discrimination, bullying, or harassment.” Although the new Dear Colleague Letter appears to have been written with public school districts particularly in mind, the withdrawn guidance had expressed positions with regard to universities and colleges as well.