The Florida Board of Education recently ratified a rule aimed at enforcing rigorous disciplinary protocols for college staff found in violation of the state’s new bathroom usage law. This legislation, signed into law by Governor Ron DeSantis in May, mandates that school staff and students, from kindergarten through college, must utilize facilities that correspond to their assigned genders at birth. This measure effectively criminalizes the use of restrooms aligned with transgender individuals’ gender identities, enacting from July 1.
This directive transcends the state law’s provisions by delineating the disciplinary actions colleges should take against staff contravening the law. It mandates colleges to investigate alleged infractions and report them to the Florida Department of Education, while also extending its ambit to encompass university student housing. The rule stipulates that violators will be subjected to a “progressive discipline process,” escalating from verbal warnings to termination for repeat offenses.
In tandem, the Board approved a supplementary regulation mandating K-12 private schools to verify compliance annually, with staff violations leading to potential suspension or revocation of teaching licenses as per Florida’s professional conduct codes. Florida Board of Education Chair, Ben Gibson, clarified that these rules were imperative in response to the state law’s provisions.
Criticism arose during the board’s session, primarily centered around the disproportionate implications of the new education rules. Carlos Guillermo Smith, a senior policy advisor at Equality Florida, an LGBTQ advocacy group, highlighted the rule’s wide-reaching scope that extends beyond bathroom facilities to include college dormitories. Smith also expressed concerns over taxpayer-funded investigations into restroom use and the absence of gender-neutral facilities in certain districts.
These regulations are part of a broader strategy by the DeSantis administration to limit LGBTQ discourse within schools and curtail transgender individuals’ rights. As part of this approach, the administration has previously banned transition-related care for minors and expanded restrictions on discussions surrounding sexual orientation and gender identity in educational settings. This concerted effort has ignited debates about the implications for LGBTQ individuals and their rights in the state’s educational landscape.