Vs. Board of Education
Why is it that the State of Florida and its Department of Education are so interested in what is going on under an individual’s clothes? On Wednesday, July 19, I asked the Board of Education about it.
That day, the Board met in Orlando to approve a series of “rules” based on the slate of new laws passed during the last legislative session. Many of the rules passed directly effect queer students and staff. (I will discuss the newly approved African-American history standards in a later post.)
The rules I chose to address at that meeting are the “Bathroom Rule” (No. 6A-10-086) which relates to students, and “Principles of Professional Conduct for the Education Profession” (No. 6A-10.081) which relates to adults. (For a full explanation of these rules, definitions, and policies, see below for full text and links.) Both of these boil down to the same thing: Everyone is required to use the facilities that correspond with your “at birth” designation of the “biological sex which has the specific reproductive role” of either producing eggs or sperm. Further, no one is required to call another person by the personal titles or pronouns that do not correspond with the biological sex at birth and teachers cannot ask students to do so regardless of outward appearance.
While this doesn’t matter to most people, it matters a whole lot to the transgender community. Children and adults who identify as different from their sex at birth are required to use the restrooms and changing rooms that don’t match their identity. This is especially difficult for those who have transitioned whether or not they have had gender affirming surgery.
Here’s a scenario: A teenager looks like a boy - wears “boy” clothes, hangs out with boys, and may even have a “boy” name. What is that going to do to both the kid and their peers when that teen walks into the girls’ bathroom or has to change for PE? What happens to that child when the teacher refuses to call them “him” like the parents have requested because the teacher doesn’t want to do? How is that ensuring parents’ rights and the child’s safety and wellbeing?
Another scenario: A child goes to a class for the first time and the transgender lady wearing a dress and makeup has to introduce themselves as Mr. Smith with he/him pronouns? You want to talk about confusing kids and causing them ask questions their parents may not be prepared to answer? If no one knows what is on Anabel Smith’s birth certificate, who would know that she was born a male?
WHY do genitals matter so much???
I put the question to the Board in the one minute I got for public comment:
My names is Heather Felton. I am the parent of two nonbinary young people and I was a Florida teacher.
I sent each of you my letter of resignation in May outlining my reasons for resigning including the removal of award-winning books from class libraries and media centers based on the opinions of non-stakeholders and strangers, and the attempts to negate the humanity of LGBTQ kids and adults in our schools and communities. I received no response.
Today I would like to address the use personal titles, pronouns, and names, and would like to ask why it is that the Department of Education is so interested in what a student or teacher has under their clothes because you seem to believe that their genitals define them. The students and staff are following dress code, their privates are covered, so why are you so worried about them? They are none of your business. Anyone should be able to be called whatever they choose, and it shouldn’t be based on their privates. By not allowing students or teachers to be addressed by titles, pronouns or names that match their personal and even outer identity, you are putting the issue of their privates into public domain. This is a direct attack on their identity and shows a lack of respect for their human dignity.
While I wasn’t expecting a verbal response, some eye contact, a look, an acknowledgement that I was standing there speaking would have been appropriate. I and dozens of others spoke out in the public comments about these and other proposed rules. The Commissioner and board played on their phones, had whispered conversations, walked out of the room. If that had happened in my classroom while I was speaking, the student in question would have found themselves with a referral. But apparently courtesy isn’t necessary in school business if you are an adult.
At the end of public comment for each rule presented that day, there was no discussion, comments, concerns from the Board - just blanket approval. This is what we are facing in Florida.
SOURCE INFORMATION
Rule No. 6A-10.081:
The proposed amendment revises the current Principles of Professional Conduct for the Education Profession in Florida. The amendment will align requirements to HB 1069 and HB 1521 (2023). The amendment protects parental rights and enhances student safety by updating the prohibitions regarding instruction on sexual orientation and gender identity. Two new disciplinary principles are created to make it a violation for a certified educator to enter the restroom or changing facility designated for the opposite sex in violation of s.553.865(9)(a), F.S., and use personal titles or pronouns in a manner that violates s.1000.071, F.S.
Source: https://www.flrules.org/gateway/ruleno.asp?id=6A-10.081
Rule No. 6A-10.086:
6A-10.086 School Board and Charter School Governing Board Policies or Procedures for Parental Notification Regarding Designation of Bathrooms, Locker Rooms, and Dressing Rooms (1) School Board and Charter School Governing Board Policies or Procedures for Bathrooms and Locker Rooms, which include Dressing Rooms. Any policies or procedures adopted or implemented by a school board or a charter school governing board for bathrooms and locker rooms must: (a) Ensure the health, safety, and welfare of Florida’s students; (b) Be consistent with the Parents’ Bill of Rights created under Chapter 1014, F.S; (c) Protect the privacy of educational records as set forth in s. 1002.22, F.S., as well as the privacy interests of all students and parents; and (d) Provide for parental notification as set forth in subsection (2) of this rule. (2) Parental Notification. (a) If a school board or charter school governing board has a policy or procedure that 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 policy or procedure must include, at a minimum, the following: 1. Method of student supervision provided for locker rooms, for example a coach or aide, and how that method of supervision ensures the safety and privacy of students; and 2. Which locker rooms are not separated by biological sex at birth; and 3. Which bathrooms are not separated by biological sex at birth. (b) School board and charter school governing board policies or procedures must include accommodations or modifications in order to ensure that all students have an opportunity to use a bathroom or locker room separated by biological sex at birth. (3) Exceptions. The requirements for parental notification in subsection (2) do not apply to faculty bathrooms that are not accessible to students, and single occupancy bathrooms.
Source: https://www.fldoe.org/core/fileparse.php/20394/urlt/3-2.pdf
Definitions per s.553.865(9)(a), F.S.:
“Sex” means the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.
“Female” means a person belonging, at birth, to the biological sex which has the specific reproductive role of producing eggs.
“Male” means a person belonging, at birth, to the biological sex which has the specific reproductive role of producing sperm.
Source: https://www.flsenate.gov/Session/Bill/2023/1521/Amendment/730228/PDF
Policy laid out in s.1000.071, F.S.:
It shall be the policy of every public K-12 educational institution that is provided or authorized by the Constitution and laws of Florida that 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.
An employee, contractor, or student of a public K-12 educational institution may not be required, as a condition of employment or enrollment or participation in any program, to refer to another person using that person's preferred personal title or pronouns if such personal title or pronouns do not correspond to that person's sex.
An employee or contractor of a public K-12 educational institution may not provide to a student his or her preferred personal title or pronouns if such preferred personal title or pronouns do not correspond to his or her sex.
Source: https://www.flsenate.gov/Session/Bill/2023/1223/BillText/Filed/PDF
