Sen. Jeff Sessions, R-Ala., the nominee for U.S. attorney general, was also asked about special education and the schooling of undocumented immigrant children at his confirmation hearing.
The Obama administration tells the 5th Circuit that its guidance on transgender restroom use at public schools is non-binding on states and school districts.
The former superintendent alleged in a civil case that two district officials participated in a malicious prosecution of him over alleged financial improprieties.
The court refused to block an injunction requiring an Ohio district to allow an 11-year-old transgender girl to use the girls' restroom at school.
The state judge ordered the Killeen district to permit a staff member's display featuring the main religious message from "A Charlie Brown Christmas."
In an opinion by one of President-elect Trump's potential Supreme Court picks, the appeals court applies the federal Equal Access Act to a Florida middle school.
The justices will decide whether religious affiliates must adhere to the federal law that regulates private pension plans or whether a "church plan" exemption still applies.
U.S. Supreme Court justices considered the impact of intelligence testing and school influences on whether a state may execute a defendant who may have an intellectual disability.
The justices refused, without comment, to hear the appeal of Kansas parents and students who object on religious grounds to the Next Generation Science Standards.
The justices take up a debate that includes seven relatively recent Education Department officials whose service in acting roles may have been on shaky ground.