Palm Beach County schools reviewing LGBTQ+ policies after state raises legal questions
Florida education leaders are taking aim at several LGBTQ+ protections by the School District of Palm Beach County, calling them a violation of state law and pressing for a response by the end of the week.
School board members are expected to weigh in during their meeting Wednesday afternoon, addressing a letter that Jacob Oliva, senior chancellor at the state Department of Education, sent to Superintendent Mike Burke last month.
Oliva called out three sections in the district’s 104-page LGBTQ+ support guide related to transgender and nonbinary students.
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The sections outline students' right to use their affirmed name, to participate in sports that align with their gender identity and to use the restroom or locker room that matches their identity.
Such policies, the chancellor said, are now at odds with Florida law.
That includes the Parents’ Bill of Rights that Gov. Ron DeSantis signed into law last year, along with the Parental Rights in Education law — dubbed the “Don’t Say Gay” law by critics — that passed this year.
That law requires school districts to notify families of any "change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being and the school’s ability to provide a safe and supportive learning environment for the student.”
School districts in Florida have wondered how exactly that language would affect policies for LGBTQ+ students. In his letter, Oliva offered some insight.
“This could, depending on the unique factual circumstances, include matters related to a student’s privacy, name and pronoun usage, and restroom and locker room usage,” he said.
The chancellor also questioned a paragraph from the district’s equity policy, a broad document meant to support marginalized groups. That includes not only LGBTQ+ students, but also students from low-income families, students with disabilities, students from various ethnic groups and students learning English.
"This policy addresses existing practices and procedures that have inhibited success for some students," the policy states.
And he reminded Burke that families now have more power to file lawsuits and collect damages when a school district violates Florida's new parental freedom laws.
“This list is not exhaustive, and your district should strive to review all its policies and procedures for other provisions that may not comport with Florida law," Oliva concluded.
School board plans to revisit Equity Statement ahead of state meeting
The school district's legal department has already identified one such document.
The district's official Equity Statement — which is separate from the equity policy named in Oliva's letter — will go before the school board for a review and possible changes Wednesday.
As it's currently written, the statement promises to eliminate barriers that "perpetuate race, ethnicity, poverty, disability, language status, undocumented status, religious affiliation, gender identity, and sexual orientation as predictors of achievement."
Burke will take the school board's feedback into account and respond to the state by Friday, the deadline imposed by Oliva.
The state Board of Education is expected to review Palm Beach County's response, along with policies in other Florida school districts, during a meeting next week.
The tug-of-war between state and federal laws for LGBTQ+ students
The school district's LGBTQ+ Critical Support Guide says that students achieve higher grades and attend school more often when they feel safe expressing their gender identity or sexual orientation.
And the guide contends that federal law protects LGBTQ+ students' right to be themselves.
A June 2020 ruling by the U.S. Supreme Court found that Title VII — which prohibits employment discrimination based on race, color, religion, sex and national origin — also applies to gender identity or sexual orientation.
The school district's LGBTQ+ support guide says that "many legal scholars feel that the same definition applies" to Title IX, a federal education law that outlaws discrimination based on sex.
President Joe Biden shared the same interpretation in an executive order last year.
"Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room or school sports," he said at the time.
But in late July, Florida's newest education commissioner, Manny Diaz Jr., advised superintendents and school boards to disregard any guidance that "attempts to vastly expand the application of Title IX."
Such guidance, he said, is not "binding law" and does not require schools to accommodate transgender students — specifically those who transition from male to female — when it comes to bathrooms, locker rooms, sports teams and lodging on field trips.
"To the extent that you do any of these things, you jeopardize the safety and well-being of Florida students and risk violating Florida law," Diaz said in his letter.
Florida leaders set their sights on pronouns and school bathrooms
In his own letter to Palm Beach County schools, Oliva questioned a line in the LGBTQ+ support guide that said students must be "addressed by the affirmed name and gender pronouns with which they identify."
He also pointed to a section of the guide that was already undergoing a legal review by the school district, regarding transgender and nonbinary students' access to certain rooms.
The principal should be clear with students and their families, when appropriate, that students can "access the restroom, locker room, and changing facility that corresponds to the student’s affirmed gender identity," the guide said.
It also notes that every situation should be "reviewed, addressed and customized based on the particular circumstances of the student and the school facilities."
Along with the state's new laws, Oliva also pointed to a rule established by the state Board of Education this year. The rule applies when a school district policy "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 rule states.
Even then, schools must "ensure that all students have an opportunity to use a bathroom or locker room separated by biological sex at birth," the rule continues.
Palm Beach County's LGBTQ+ guide relied on outdated sports handbook
And the third area of concern, Oliva said in his letter, was a section of the LGBTQ+ guide that advocated for student participation in sports that align with their gender identity.
The guide says Palm Beach County school athletics are "under the auspices of the Florida High School Athletics Association (FHSAA)," an organization mandated by state law to handle athletic registration and competition in Florida.
FHSAA bylaws previously allowed students to practice and compete in athletics "consistent with a student's gender identity and expression, irrespective of the gender listed on the student's birth certificate."
But the organization changed its bylaws in November to comply with Florida's Fairness in Women's Sports Act, another law spearheaded by Florida's governor.
The revised FHSAA handbook acknowledges that Florida law now "prohibits a student whose biological sex at birth was male from participating on teams or sports designated as female, women, or girls."
A student whose "biological sex at birth was female," however, can still participate on teams designated as "male, men, or boys."
In an email sent to Palm Beach County school board members on Nov. 19, the superintendent said he would work closely with the district's legal team to figure out "next steps and our response" to the state.
Staff writer Katherine Kokal contributed to this story.
Giuseppe Sabella is an education reporter at The Palm Beach Post, part of the USA TODAY Florida Network. You can reach him at gsabella@pbpost.com. Help support our journalism and subscribe today.
This article originally appeared on Palm Beach Post: Do Palm Beach County schools' LGBTQ+ policies violate Florida law?
