Florida schools told they can ignore Biden administration on LGBTQ discrimination rules
Ana Goñi-LessanThe Florida Department of Education is telling school districts statewide they can ignore the Biden administration’s new rules and guidelines on extending sex discrimination protections to LGBTQ individuals, saying Florida won't tolerate the federal government’s efforts to “impose a sexual ideology” in its schools.
Education Commissioner Manny Diaz, in a two-page memo sent Thursday to public and private school district officials across Florida, wrote that the administration's new edicts for sex discrimination under several federal laws and programs “are not binding law, do not create any new legal obligations, and should not be treated as governing law.”
“The Department will not stand idly by as federal agencies attempt to impose a sexual ideology on Florida schools that risk the health, safety, and welfare of Florida students,” Diaz wrote.
Nothing in the federal guidance, wrote Diaz, requires districts to provide accommodations for trans girls, specifically, to use the girls' bathrooms, locker rooms, dorms, girls' rooms on school trips or sports teams.
"To the extent that you do any of these things, you jeopardize the safety and wellbeing of Florida students and risk violating Florida law," warned Diaz.
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Biden administration moves to expand Title IX protections
The memo is in response to a recent Biden administration announcement that it would include discrimination based on sexual orientation and gender identity as a violation of Title IX, the sweeping 1972 law that guarantees equity between the sexes in “any education program or activity receiving Federal financial assistance.”
The directive requires states to review allegations of discrimination based on gender identity and sexual orientation, as well as update their policies and signage.
The agency warned that states and schools that receive federal funds, including the popular U.S. Department of Agriculture's National School Lunch Program, agree to follow civil rights laws. Although the agency says it wants voluntary compliance, it also has promised to refer violations to the Department of Justice.
The directive followed a landmark civil rights decision by the U.S. Supreme Court in 2020 that, under a provision called Title VII, protects gay, lesbian and transgender people from discrimination in the workplace.
More than 20 attorneys general filed a lawsuit earlier this week challenging the Biden administration’s "misreading" of the high court's ruling on Title VII. Florida has not joined the lawsuit.
In Tampa, a Christian school filed a federal lawsuit this week against the administration, arguing that its religious beliefs clash with the LGBTQ discrimination rules and that the feds are threatening to withhold federal funding through the National School Lunch Program.
In his memo, Diaz specifically calls on all public, private and charter school officials to disregard a recommendation from the Florida Department of Agriculture and Consumer Services, the agency that administers the school meals program, to place “And Justice for All” posters in schools.
Agriculture and Consumer Services is headed by Nikki Fried, the lone statewide elected Democrat. She’s vying for the Democratic nomination for governor against U.S. Rep. Charlie Crist to run against Gov. Ron DeSantis.
Diaz wrote that Fried's office did not consult with state education officials before telling schools they should comply with the new federal LGBTQ discrimination rules.
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The Diaz memo comes at a time when Florida school districts are already grappling with the new state Parental Rights in Education law, which prohibits public school teachers from "instruction" on sexual orientation and gender identity in kindergarten-3rd grade — though it's not taught in those grades — and restricts it to “age appropriate” in other grades. Critics call it the “Don’t Say Gay” law.
Parents' rights advocates say the law, along with the Parental Bill of Rights, should prevent schools from giving transgender children accommodations without letting other parents know.
Some Florida school districts willing to make accommodations for LGBTQ students
In Leon County Schools' latest LGBTQ guide, accommodations for a transgender student to use the bathroom or locker room that matches their gender isn't off the table. But other parents would be notified if a trans student chooses to do so, and accommodations would be made for the other students.
The notice in the LGBTQ guide reads: "A student who is open about their gender identity may be in your child’s Physical Education class or extra/cocurricular activity. If you are requesting accommodation for your student, please contact school administration to discuss reasonable accommodation options.”
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In Orange County, both cisgender and transgender boys can use the boys locker room and restroom, and cisgender and transgender girls can use the girls locker room and restroom, according to Michael Ollendorff with Orange County Public Schools.
Non-binary and gender fluid students use the facility that matches their biological gender. These students can also be offered a gender-neutral facility but are not required to use those facilities.
In Broward County, one of the nation’s and the state’s biggest school districts, its policies for overnight trips and locker rooms do not mention gender identity or transgender students.
Overnight trips require single-gender sleeping quarters for students, the policy states.
"If the parent does not consent to the overnight accommodations, the parent must contact the principal or designee, and an alternative arrangement, such as a single-room assignment for their student, will be offered," according to the policy.
For locker rooms and restrooms, the policy notes the following: "Any student who reports feeling uncomfortable with locker room arrangements may request accommodations. The accommodations are to be discussed and documented with the student, the student’s parents, and school administration."
Broward County will inform parents of other students "if an accommodation(s) provided to a student has a direct impact on other students," like Leon County's LGBTQ+ guide.
The policy does not give examples of accommodations that could have direct impact on other students.
Contact Ana Goñi-Lessan at AGoniLessan@tallahassee.com and follow her on Twitter @goni_lessan.
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