Kansas will challenge in court a directive by the Obama administration advising schools to allow transgender students to use the bathroom of their choice.

Kansas State Attorney General Derek Schmidt, a Republican, said in a statement that he has yet to decide whether to join a lawsuit led by Texas or file a separate lawsuit.

Schmidt said that a decision by the Fourth Circuit Court of Appeals that backs a transgender student's right to use the bathroom of his choice is behind his decision.

(Related: Fourth Circuit denies rehearing in case of transgender teen.)

“I had hoped the Virginia case could quickly resolve this issue by confirming the longstanding traditional understanding that Title IX applies to biological sex, not gender identity,” he said in a statement. “But today's refusal by the appeals court in Virginia to reconsider its earlier flawed decision means our only option is to pursue a more direct challenge to the Obama administration's unlawful efforts to unilaterally rewrite Title IX.”

“In our federal system of government, not every decision needs to be handed down from Washington, and this is a matter best left to state or local authorities, including school boards, as it traditionally has been - and as the law requires,” Schmidt added.