The Education Department has confirmed to BuzzFeed News that it will not investigate or act on complaints from transgender students who allege that they were prevented from using a bathroom that corresponds with their gender identity.

Spokesperson Liz Hill told the news outlet in a statement on Thursday that the department does not consider bathroom complaints from transgender students to be covered by Title IX anti-discrimination laws.

Asked to clarify, Hill later told BuzzFeed that “Title IX prohibits discrimination on the basis of sex, not gender identity.”

According to the news outlet, she said that while certain complaints related to transgender discrimination may be investigated, bathroom complaints will not be.

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