--- title: Betsy DeVos: Transgender Guidance 'Executive Overreach' description: Secretary DeVos called it an example of "the Obama administration's overreach to suggest a one-size fits all federal government approach" canonical: https://time.com/4680861/betsy-devos-transgender-students-overreach/ author: Maya Rhodan article:opinion: false article:content_tier: free article:published_time: 2017-02-23T19:34:45.000Z article:modified_time: 2026-02-23T03:29:34.713Z article:section: Politics og:title: Devos: Transgender Guidelines Were ‘Overreach' og:description: The Education Secretary defended Trump's decision to rescind the Obama-era guidelines og:url: https://time.com/4680861/betsy-devos-transgender-students-overreach/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2c1a6fa19dfe8c24/6988bb9f4dd215731defde32/gettyimages-644290640.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 og:image:width: 594 og:image:height: 334 og:image:alt: U.S. Secretary of Education Betsy DeVos addresses the Conservative Political Action Conference at the Gaylord National Resort and Convention Center February 23, 2017 in National Harbor, Maryland. og:type: article twitter:card: summary_large_image twitter:title: Devos: Transgender Guidelines Were ‘Overreach' twitter:description: The Education Secretary defended Trump's decision to rescind the Obama-era guidelines twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2c1a6fa19dfe8c24/6988bb9f4dd215731defde32/gettyimages-644290640.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 ---  # Education Secretary Betsy DeVos Said Old Transgender Guidelines Were 'Overreach' > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, three times a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan Feb 23, 2017 7:34 PM UTC  U.S. Secretary of Education Betsy DeVos addresses the Conservative Political Action Conference at the Gaylord National Resort and Convention Center February 23, 2017 in National Harbor, Maryland. U.S. Secretary of Education Betsy DeVos addresses the Conservative Political Action Conference at the Gaylord National Resort and Convention Center February 23, 2017 in National Harbor, Maryland. Chip Somodevilla—Getty Images by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan Feb 23, 2017 7:34 PM UTC Education Secretary Betsy DeVos defended the [Trump Administration’s decision](http://time.com/4679063/donald-trump-transgender-bathroom/?xid=homepage) to rescind guidelines which told schools to allow transgender students to use the bathrooms that align with their gender identities. During an on-stage interview at the annual [Conservative Political Action Conference](http://time.com/4679396/cpac-donald-trump-conservatives/) near Washington, D.C., the recently confirmed secretary argued that the guidelines were an example of Obama Administration overstepping its legal authority. “Let me just say this issue was a very huge example of the Obama Administration’s overreach to suggest a one-size fits all federal government approach, top down approach to issues that are best dealt with and solved at a personal level, at a local level,” she said. DeVos’ statement on the [guidelines](http://time.com/4679063/donald-trump-transgender-bathroom/?xid=homepage), which were issued by the Obama Justice and Education Departments, came amid reports that she initially resisted the Trump Administration’s efforts to roll back the protections for transgender students. The [New York _Times_ reported](https://www.nytimes.com/2017/02/22/us/politics/devos-sessions-transgender-students-rights.html?%5Fr=1) Wednesday that DeVos was concerned about the level of harm that transgender students could face without the instructions in place. Attorney General Jeff Sessions and President Trump reportedly pushed DeVos to get on board. White House spokesman Sean Spicer pushed back on that story, saying there is “no daylight” between the President and his Cabinet. In a [statement](https://www.ed.gov/news/press-releases/us-secretary-education-betsy-devos-issues-statement-new-title-ix-guidance) released along with the new guidance on Wednesday, DeVos said that the Department has a responsibility to protect students from discrimination, bullying, and harassment but the decision related to transgender students should be left up to the states. “Schools, communities, and families can find – and in many cases have found – solutions that protect all students,” DeVos said, reiterating what she said on Twitter after the decision. > [](https://twitter.com/BetsyDeVosED/status/834564007910588417) ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4680861/betsy-devos-transgender-students-overreach/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4680861/betsy-devos-transgender-students-overreach/"},"headline":"Education Secretary Betsy DeVos Said Old Transgender Guidelines Were 'Overreach'","datePublished":"2017-02-23T19:34:45.000Z","dateModified":"2026-02-23T03:29:34.713Z","description":"Secretary DeVos called it an example of \"the Obama administration's overreach to suggest a one-size fits all federal government approach\"","url":"https://time.com/4680861/betsy-devos-transgender-students-overreach/","keywords":["LGBT","Education","White House","Donald Trump","onetime","Betsy DeVos"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt2c1a6fa19dfe8c24/6988bb9f4dd215731defde32/gettyimages-644290640.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Maya Rhodan","jobTitle":null,"url":"https://time.com/author/maya-rhodan/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt2c1a6fa19dfe8c24/6988bb9f4dd215731defde32/gettyimages-644290640.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"U.S. Secretary of Education Betsy DeVos addresses the Conservative Political Action Conference at the Gaylord National Resort and Convention Center February 23, 2017 in National Harbor, Maryland.","caption":"U.S. Secretary of Education Betsy DeVos addresses the Conservative Political Action Conference at the Gaylord National Resort and Convention Center February 23, 2017 in National Harbor, Maryland.","creditText":"Chip Somodevilla—Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/lgbt/","name":"LGBT"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/4680861/betsy-devos-transgender-students-overreach/","name":"Education Secretary Betsy DeVos Said Old Transgender Guidelines Were 'Overreach'"}}]}] ```