To protect the fundamental rights of parents to ensure they are fully informed of how bathrooms are designated and how locker rooms, which include dressing rooms, are designated and supervised. This rule will ensure full ....

 

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 protect the fundamental rights of parents to ensure they are fully informed of how bathrooms are designated and how locker rooms, which include dressing rooms, are designated and supervised. This rule will ensure full transparency to enhance the health, safety and welfare of students when utilizing bathrooms and locker rooms and protect parental rights.

SUMMARY: This rule will allow both students and parents to have full knowledge if bathrooms and locker rooms will not be separated by biological sex at birth; therefore, allowing them to make informed decisions and requests for accommodations or modification. The rule includes requirements for school district procedures and for parental notification when a policy provides for separation based on something other than sex at birth.

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. The proposed rule is not anticipated to result in any new costs on any stakeholder as it calls for creating a policy using information already collected or obtained by the school district.

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: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, FL 32821.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) School Board and Charter School Governing Board Policies or Procedures for Bathrooms and Locker Rooms, which include Dressing Rooms. Any policies or procedures adopted or implemented by a school board or a charter school governing board for bathrooms and locker rooms must:

(a) Ensure the health, safety, and welfare of Florida’s students;

(b) Be consistent with the Parents’ Bill of Rights created under Chapter 1014, F.S;

(c) Protect the privacy of educational records as set forth in s. 1002.22, F.S., as well as the privacy interests of all students and parents; and

(d) Provide for parental notification as set forth in subsection (2) of this rule.

(2) Parental Notification.

(a) If a school board or charter school governing board has a policy or procedure that allows for separation of bathrooms or locker rooms according to some criteria other than biological sex at birth, the policy or procedure must be posted on the district’s website or charter school’s website, and must be sent by mail to student residences to fully inform parents. The policy or procedure must include, at a minimum, the following:

1. Method of student supervision provided for locker rooms, for example a coach or aide, and how that method of supervision ensures the safety and privacy of students; and

2. Which locker rooms are not separated by biological sex at birth; and

3. Which bathrooms are not separated by biological sex at birth.

(b) School board and charter school governing board policies or procedures must include accommodations or modifications in order to ensure that all students have an opportunity to use a bathroom or locker room separated by biological sex at birth.

(3) Exceptions. The requirements for parental notification in subsection (2) do not apply to faculty bathrooms that are not accessible to students, and single occupancy bathrooms.

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

 

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: September 23, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2022