Pasco County public schools to implement strict biological sex bathroom policy

LAND O' LAKES, Fla. - New rules are escalating the debate in Pasco County over diversity, inclusion, and school bathrooms. The school district will soon require students to use restrooms based on their biological sex assigned at birth, regardless of gender expression or identity.

The move drew swift criticism from LGBTQ advocates, and support from conservative and church-based groups. The Pasco school district made the announcement announced during a Tuesday night school board meeting.

"As the board is aware, over winter break, the 11th Circuit United States Court of Appeals issued a ruling issued its ruling in the case of Drew (Adams) versus the school board of St. Johns County," superintendent Kurt Browning said during his remarks Tuesday night. "The full appeals court overturned the trial court's decision, which has been the controlling law until this newest decision was rendered."

According to the Tampa Bay Times, Browning first alerted school principals about his plan to update the district rules in an email on Tuesday. For nearly five years, the Pasco County School District has held back from adopting a rule that requires students to use restrooms based on their biological sex at birth. This comes despite sustained pressure from people who support strict bathroom rules.

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The late-December court ruling cited by Brown involves the St. Johns County School District. The appeals court ruled that the district's policy preventing a transgender boy from using the boys’ bathrooms at his high school did not violate constitutional equal protection rights. The sharply divided court said in its majority that the policy also did not violate federal Title IX protections.

"As I've stated on many occasions with this board and publicly, I was going to do what I said I would do, and that is follow the law due to this court's ruling," Browning said Tuesday. "The Pasco district will be updating our practices regarding the use of student restrooms to align with this new decision. As superintendent, I have directed staff to within 30 days, to update any existing procedures and guidelines begin meeting with impacted students and parents, meet with our principals and student services staff regarding the revised use of restroom practices."

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The expectation moving forward, according to district leadership, will be that students use restroom facilities correlating with their biological sex assigned at birth. Browning said that any student wishing to use an alternative restroom will be able to seek an accommodation to utilize a private restroom at their school.

Public school policies separating the use of bathrooms based on a student’s biological sex have been criticized as harmful by major governing medical bodies, including the American Medical Association, American Psychological Association, and the American Academy of Pediatrics.

"I realize this change in practice may not sit well with some students and some adults, but it is important to note that we, as a district and as elected officials, are required to abide by the laws of the state of Florida and those of the United States. This change in district practice and procedure does both of those. I will continue to update the board as to our progress in implementing these changes, but my hope is that over the next 30 days most of the changes will be in effect."

Some supporters of the new policy change are asking why the updates need 30 days to go into effect instead of putting them in place right away. Meanwhile, there are new privacy and safety concerns for trans and non-binary students, along with questions about the viability of the new rule and how it will be enforced.