Florida school bars transgenders from using restrooms based on gender identity, saying they're not a protected class

The Marion County School Board in Florida passes a resolution mandating that students must use restrooms and locker rooms based on their biological sex.(Screemshot/News6)

A Florida school board has passed a resolution mandating that students must use restrooms and locker rooms based on their biological sex.

The restrictions were approved by the Marion County School Board, which voted 4-1, acknowledging and supporting the right of all students to attend schools that are safe, protective, free from violence and harassment, appropriate, and that ensure their right to privacy.

The policy was a result of a complaint by a father who said his son's privacy was violated when a classmate, born as female but identifies as male, used the boys' restroom, News6 reports.

One parent said the "concern is that some pervert looking for the opportunity to dress up as a transgender will prey on innocent children and because of their perverted action scar the children for life."

The board said persons who are transgender, gender non-conforming, gender fluid, and/or gender independent are not a protected class under federal or state law or school board policies and that neither federal nor state law prohibits the school from restricting single-sex facilities to be used by persons of a designated sex.

Under the new policy, single-sex school facilities designated for girls or boys such as restrooms and locker rooms will be restricted to persons based on biological sex.

Students wishing to use alternative school facilities shall always be offered comparable facilities, as required by law. It added that students dissatisfied or having other concerns with the school district's offer of comparable facilities may avail themselves of the grievance procedures specifically established in current school policies.

It advised "all students with gender identity issues to seek support, advice, and guidance from their parents, staff, professionals, and other trusted adults."

Board Chairman Bobby James, the only one who opposed the policy, said the school board should protect the rights of every student, comparing the transgender issue to how African-Americans were treated in the 1960s.

"I was here in the early '50s and '60s. You know about those little bathrooms and all of that and people have all kind of things. This world is evolving. All I'm saying is we need to be prepared to make good decisions," he said.