Florida school districts prepare for new law mandating bathroom use aligned with biological sex

JACKSONVILLE, Fla. — Starting Saturday, a new Florida law requiring people to use restrooms and changing facilities aligned with their biological sex, rather than their gender identity, in government-owned buildings.

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One of the biggest areas impacted by the change will be public schools.

Students and staff that attempt to use restrooms or change facilities inconsistent with their biological sex could face disciplinary action going forward.

“Common sense. That’s all that is,” said Anthony Verdugo with the Florida Christian Family Coalition.

Supporters of the new law like Verdugo, argue it aims to protect women’s private spaces.

“Men don’t belong in any type of private facilities where women or little girls are present,” said Verdugo.

But Brandon Wolf with Equality Florida argued the new law will cause harm to trans students and faculty by denying them access to the facilities aligned with their gender identity.

“We already know that students report not using the restroom at all because they’re afraid of what might happen to them if they choose to use the restroom that aligns with their gender identity,” said Wolf. “We’ve heard about complications from that. It’s certainly very traumatizing for those students.”

Duval Schools updated its bathroom and locker room policy in early May, limiting students to use the facilities aligned with their biological sex at birth.

Alternatively, students can use single-stall unisex bathrooms.

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The policy mirrors those previously on the books in Clay and St. Johns County Schools.

St. Johns’ bathroom policy was challenged in court by a transgender student in 2017.

This past January, an appellate court upheld the district’s policy.

Wolf believes the case could end up before the US Supreme Court, but until then, the latest ruling could make it difficult to mount a legal challenge to the new state law.

“In the meantime, the question is, how much damage is going to be done to a venerable population?” said Wolf.

Beyond K-12 public schools, the new law also applies to college and university campuses, detention facilities and public buildings owned or leased by the state or a local government.

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