6A-10.086. Designation of Restrooms and Changing Facilities in K-12 Educational Institutions

(1) Purpose. The purpose of this rule is to provide requirements that school districts, the Florida School for the Deaf and the Blind, developmental research (laboratory) schools, and charter schools must use regarding the compliance of K-12 educational institutions with Section 553.865, F.S.

(2) Compliance. School districts, the Florida School for the Deaf and the Blind, developmental research (laboratory) schools, and charter schools must comply with all applicable requirements of Section 553.865, F.S., pertaining to the use of restrooms and changing facilities by males or females, as determined at birth by biological sex, including the subsections that require the following:

(a) That restrooms are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex restroom.

(b) That changing facilities are designated for exclusive use by males or females, as defined by Section 553.865(3), F.S., or that there is a unisex changing facility.

(c) That the student code of conduct has been updated according to Section 553.865(9)(a), F.S.

(d) That the school district has established disciplinary procedures for employees according to Section 553.865(11)(a), F.S.

(3) Instructional Personnel and administrative personnel as described in Section 1012.01(2)-(3), F.S., who violate any provision of Section 553.865, F.S., commit a violation of the Principles of Professional Conduct for the Education Profession under Rule 6A-10.081, F.A.C.

(4) Format. By April 1, 2024, each school district and charter school authorizer must submit the Safety in Private Spaces Act, Form SPSA (http://www.flrules.org/Gateway/reference.asp?No=Ref-15716), effective August 2023, which is hereby incorporated by reference to certify all of their schools’ compliance to the Department at [e-mail]. If a new facility is established after July 1, 2023, the school district or charter authorizer must submit Form SPSA within one year of establishment.

(5) Charter Schools. Each school district or charter authorizer must implement procedures to collect compliance information from their charter schools. An authorizer may rely upon a charter school’s certification without independent verification.

(6) School District Career Centers. The provisions of this rule must apply to School District Career Centers as described in Section 1001.44(3), F.S.

Rulemaking Authority 1000.05(6)(a), 1001.02(1), (2)(n) FS. Law Implemented 1000.05(3) FS. History‒New 11-22-22, 8-22-23.