JACKSONVILLE, Fla. – On Wednesday, the state’s Board of Education received an update on how Duval County Public Schools is complying with Florida’s “Parents’ Bill of Rights,” which requires schools to notify parents when it comes to their student’s mental, emotional or physical health.
Duval is one of nine Florida counties that the state says might not be in compliance with the law.
The Board of Education sent Superintendent Dr. Diana Greene a letter last month asking the district to review its policies and procedures and prepare a report for the FDOE.
The letter highlights three specific areas where the chancellor believes the district is out of compliance:
- restrooms and locker rooms
- overnight field trips
- guidelines for transgender students, which includes LGBTQ+ student support action steps
This past July, the Duval County School Board unanimously signed off on a policy that made it a requirement for employees to notify parents if there was a change in their child’s support services.
That includes if their student wants to change their name or their gender pronoun.
The policy goes on to say: “Further, district personnel are required to encourage students to discuss issues relating to his or her well-being with his or her parent or to try and facilitate discussion of the issue with the parent.”
People who support the policy changes say they give parents more oversight over how their children are taught in school. Opponents say they could harm vulnerable students by ostracizing them because of their sexual orientation or gender identity.
In her reply to the state DOE, Greene said the district developed an updated draft of their procedures for bathroom use, locker room access, and overnight field trips.
“The draft procedure has been developed after significant research, legal advice, and internal discussion,” Greene wrote in her reply. “Based on the legal advice we received from the Consolidated City of Jacksonville’s Office of General Counsel, the District believes this draft complies with both existing federal law and precedent, as well as Rule 6A-10.086.”
Below are the original and updated excerpts from the Duval County Public Schools Comprehensive Student Support Guide that outlines the district’s procedures for handling decisions on restroom access, locker room access, and overnight field trip planning.
Restrooms
Original Draft Language: School administrators will develop a plan on a case-by-case basis that meets privacy concerns.
Updated Draft Language: Consistent with prevailing federal requirements, students should be allowed to use any school restroom in accordance with their gender identity. Any student who has a need or desire for increased privacy, regardless of underlying reasons, has the right to access a single-user restroom, which will only be accessible by one gender type at a time.
Locker Rooms
Original Draft Language: School administrators will develop a plan on a case-by-case basis that meets privacy concerns.
Updated Draft Language: Locker rooms are separated by biological sex at birth. For students needing locker room accommodations, school administrators will develop a plan to ensure that students have access to safe facilities on the school campus. This plan will be developed on a case-by-case basis, with the support of district staff and follow the procedures outlined in the Parental Notification of Change in Support Services Procedures. Some options include, without limitation: 1) a change in schedule; 2) use of a private area in the facility (e.g., nearby restroom stall with a door, or an area separated by a curtain, a physical education instructor’s office in the locker room); or 3) use of a nearby private area (e.g., restroom, nurse’s office).
Overnight Field Trips
Original Draft Language: School administrators will develop a plan on a case-by-case basis that meets privacy concerns.
Updated Draft Language: School administrators will develop a plan on a case-by-case basis that meets privacy concerns of students participating in the field trip. Pursuant to the Parental/Guardian Consent Form and Indemnity Agreement – Out of County Field Trip (Consent Form), parents will be notified if student lodging for overnight field trips will be assigned based on biological sex at birth or if room assignments for one or more students are not separated by biological sex at birth. Each student impacted by this exception must have an individual written parental consent form on file for that student’s lodging.