What are the new school bathroom laws? What to know if you’re a trans student in Florida

When transgender students and teachers return to school in Florida, they'll be walking into a new, more restrictive environment.

And if they walk into what the state considers the wrong bathroom, they might be punished for it.

School districts have started releasing their new guidelines to comply with two new Florida laws that went into effect July 1: HB 1069, which, among other things, defines sex and the usage of pronouns in public schools and HB 1521, which separates bathrooms by "biological sex" in all publicly-owned buildings, including public schools and universities. The laws were part of a blitz of legislation this year targeting the LGBTQ community.

In July, the State Board of Education (SBOE) passed four new amendments and one new rule to clarify the laws and provide frameworks for enforcement and punishment for noncompliance.

Here's what you need to know.

If I am trans, can I use the pronoun that matches my gender in Florida schools?

You can if you want, but your teachers don't have to use it. And they can't ask you what yours is.

Under HB 1069, which requires public K-12 schools to adopt the policy that states “a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex,” teachers and other school employees are not required to use another person's title or pronoun if it doesn't align with the sex that person was assigned at birth.

School employees also are prohibited from providing their own pronoun or title if it violates school policy, and they cannot ask a student to provide theirs. An SBOE rule states that violations could result in the suspension of an educator's license.

It is not yet clear if a teacher can use a student's requested pronoun if the request is made by a parent, according to Orange County Public Schools Attorney John Palmerini in a memo Monday announcing the new school district guidelines. But they can't get in trouble if they don't; Florida law now prohibits a school employee from being punished for refusing to honor requested pronouns.

Can I use whatever name I want in Florida schools?

Not without parental permission, and not if it doesn't align with your sex assigned at birth, according to an amendment to the state's Principles of Professional Conduct for the Education Profession in Florida.

There were already processes in place for parents of children who wanted to go by nicknames but the new rule calls for parental permission on file for any deviation from a child's legal name. The new Orange County guidelines use the example "Bob" instead of "Robert."

"Another option teachers may use is to only use the last names of children when calling on them in class," advised Palmerini. "This would avoid any issues with pronouns or first names which do not match the biological sex of the child at birth."

If I'm trans, which bathroom do I use in Florida schools?

You have two choices. You are permitted to use whatever single-stall unisex bathrooms the school makes available, or you can use the bathroom designated for exclusive use for your sex assigned at birth.

This also applies to "changing facilities," which HB 1521 defines as "a room in which two or more persons may be in a state of undress in the presence of others, including, but not limited to, a dressing room, fitting rooms locker room, changing room and showers."

There are exceptions allowed but they fall under the categories of assisting someone else, enforcing the law or rendering emergency aid. A new amendment from the State Board of Education requires school districts to update their student codes of conduct and create punishments for students who do not comply.

Teachers who enter a bathroom, locker room, or other changing facility that doesn't align with the sex assigned at their birth risk suspension or revocation of their license.

Can I talk to my teacher about being transgender?

Yes, but they may not talk back for fear of running afoul of Florida's vague, sweeping new laws and getting fined, penalized, sued, fired and/or potentially losing their license.

The 2022 Parental Rights in Education Act:

• Prohibits teachers from mentioning gender identity and sexual orientation in school lessons through the third grade, later extended through grade 12.

• Also bans undefined discussions that aren't "age-appropriate or developmentally appropriate” in the remaining grades.

• Allows any parent to sue a school district over teaching they don't like, with the district paying the bill.

• Has been nicknamed the "Don't Say Gay" law by critics.

In many schools, this has had a chilling effect on any mention of LGBTQ+ people, history or issues at all, which critics say was the goal.

You also run the risk of being outed at home. The Parental Rights in Education Act requires teachers or other school employees to notify parents of any change in a child's status, unless "a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect." Some school districts already have changed their policies to require parental notification and consent.

Can I play sports in Florida schools as a transgender person?

If you are a trans girl wanting to compete in female-only sports, no.

Transgender female athletes are limited to playing coed sports or on teams with male athletes under an education bill DeSantis signed in June 2021 that restricts female teams to individuals identified as female on their birth certificate.

If you are a trans boy wanting to compete in male-only sports, it's unclear.

Will I need permission to join my school's gay-straight alliance club in Florida?

Also unclear.

Another new rule from the SDOE requires school-sponsored events, activities and extracurriculars to be consistent with Florida’s Parental Bill of Rights, including the restrictions against children attending an adult live performance. "Adult live performance" was defined in this year's SB 1438, "Protection of Children" bill, as "any show, exhibition or other presentation that is performed in front of a live audience and in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts."

Critics called SB 1438 redundant, as Florida law already prohibits exposing minors to shows considered sexually explicit or harmful, and claimed the bill was meant to ban drag shows and discourage Pride events. A federal judge blocked SB 1438 in June, ruling it overly vague and likely unconstitutional..

Those both for and against the new Board of Education rule focused almost solely on drag events and gay-straight alliance clubs. Those for the new rule argued it would prevent children from being exposed to sexual activity, while those against it said it could rip away access to safe spaces for closeted students.

Parents must be notified prior to events and be fully informed of the details of the event, with districts now required to get signed permission forms for the activity

Will Larkins, a graduate of Winter Park High School, said at the SDOE meeting in July said they asked if this provision would affect GSAs to need permission slips.

"I talked to you earlier today, and I asked, 'Will this provision make it so that GSAs require a permission slip?' And you told me yes," they said, addressing the board.

How these new guidelines would be enforced within individual school districts was unclear.

Contributors: Finch Walker, Florida Today; Brandon Girod, Pensacola News-Journal

This article originally appeared on The Daytona Beach News-Journal: Transgender bathrooms in Florida: What to know if you're a student