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Suwannee County Schools Will Not Follow Transgender Directive

Jerry A. Scarborough
Posted at 12:27 PM, May 20, 2016
and last updated 2016-05-20 08:54:43-04

SUWANNEE Co., FL (WTXL) - The Suwannee County School District says they will not be following the transgender bathroom and locker room directive announced by the President last week.

"It is my belief that Title IX allows schools to have separate facilities for separate sexes," said Superintendent Jerry Scarborough. "The law says "sex", not gender identity. Please be assured that your Superintendent and your School Board are committed to defending and preserving our current policies."

The announcement from the district follows the directive by President Obama, the U.S. Department of Education and the U.S. Department of Justice on Monday that says that schools should allow transgender students to use bathrooms and locker rooms that they identify with.

After the Presidential announcement, Leon County Schools said that it will add language to its non-discrimination policy to allow transgender students to use their preferred bathrooms. That policy will take affect in August for the 2016-2017 school year.

Suwannee County is going in the opposite directions though. You can read Scarborough's full announcement below:

The Suwannee County School District (SCSD) is aware of recent national issues surrounding transgendered students as it relates to restroom use and other activities within a school district. Due to Federal Title IX concerns, the U.S. Department of Education and the U.S. Department of Justice have issued joint federal guidance on this subject in the form of a 9 page technical assistance letter dated Friday, May 13, 2016. SCSD will continue to operate under Federal law, State law, SCSD policies, and the existing Student Conduct and Discipline Code. The current state of the law applicable to school districts in Florida is that the operation of group locker rooms and restrooms based on biological sex is not a violation of the law. I have no intentions to introduce any policy changes to the School Board that would change our current policy as it relates to restroom use or areas that are traditionally considered off-limits as defined by the school principal. The Federal administration's directive is an interpretive guidance that has not been vetted in a court of law. As referenced on Page ii on the U.S Department of Education's Office of Elementary and Secondary Education guidance, Examples of Policies and Emerging Practices for Supporting Transgender Students (http://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf), it specifically states: "This document does not constitute legal advice, create legal obligations, or impose new requirements."

It is my belief that Title IX allows schools to have separate facilities for separate sexes. The law says "sex", not gender identity. Please be assured that your Superintendent and your School Board are committed to defending and preserving our current policies.