PASCO COUNTY, Fla — At a January 3 school board meeting, the Pasco County Superintendent, Kurt Browning, announced that changes were coming to the district's school bathroom policy.
"The expectation is that moving forward is that students will use restroom facilities that correspond with their biological sex at birth," he said, "I also want the board to be aware that any student wishing to use an alternative restroom will be able to seek an accommodation to utilize a private restroom at their school."
It's a decision that came after the United States Court of Appeals for the 11th Circuit issued a new ruling on a major discrimination case involving a transgender teen in Florida.
The case in question is "Adams v. School Board of St. Johns County." It was filed in 2017 after Adams claimed he wasn't allowed to use the boy's bathroom at his local high school.
Drew Adams Original Case by ABC Action News on Scribd
He said the school's decision violated his rights under the 14th amendment and Title IX.
A year later, a district court ruled in Adams' favor.
The decision was appealed and initially upheld by the circuit court in 2020, but just before the new year, that same court reversed its decision.
Court 2022 Opinion by ABC Action News on Scribd
Saying that schools can require students to use bathrooms that align with their "biological sex assigned at birth."
And this brings us back to that Pasco county meeting.
"I realize this change in practice may not sit well with some students and some adults," said Browning.
One of “those adults” is Pasco County teacher and parent Myndee Washington.
"Who is going to be in charge of policing these bathrooms? And if a student doesn't follow the rule, is that a suspension? Is that an expulsion?" she said.
The Pasco County School Board also claims to be making the change under the obligation of the law.
"As I have stated on many occasions with this board and publicly, I was going to do what I said I would do and that is 'follow the law,'" said Browning.
But the mother you just heard is emphasizing that while the ruling doesn't actually change any laws, it does highlight concerns—for her—about what is considered "legal."
"What is happening here is the test case, and it’s going to be happening all over the state."
When it comes to enforcement of the new rules, the district says it will be taking the next few weeks to update its guidelines and to update staff, students, and parents about changes they're making to any bathroom policies—which includes providing private bathrooms to students as needed.
