To align the rule with new legislative changes (HB 1521 – 2023) that prohibit a district policy that allows separation for any criteria other than biological sex at birth.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.086School Board and Charter School Governing Board Policies or Procedures for Parental Notification Regarding Designation of Bathrooms, Locker Rooms, and Dressing Rooms

PURPOSE AND EFFECT: To align the rule with new legislative changes (HB 1521 – 2023) that prohibit a district policy that allows separation for any criteria other than biological sex at birth.

SUMMARY: The amendment retitles the rule to Designation of Restrooms and Changing Facilities in K-12 Educational Institutions, strikes through the current requirements for restrooms and changing facilities at educational institutions and provides updated rule language to align with House Bill 1521 (2023).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1000.05(6)(a), 1001.02(1), (2)(n), F.S.

LAW IMPLEMENTED: 1000.05(3), F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 19, 2023, 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd., Orlando, Florida 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Randy Kosec, Jr., Chief, Office of Professional Practices Services, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6A-10.086 follows. See Florida Administrative Code for present text.

6A-10.086 Designation of Restrooms and Changing Facilities in K-12 Educational Institutions School Board and Charter School Governing Board Policies or Procedures for Parental Notification Regarding Designation of Bathrooms, Locker Rooms, and Dressing Rooms

(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(1), 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(1), 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 (DOS link), 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), 553.865(16), FS. Law Implemented 1000.05(3), 553.865, FS. History‒New 11-22-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Kosec, Jr., Chief, Office of Professional Practices Services.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2023