Palm Beach Letter

FLORIDA DEPARTMENT OF anes EDUCATION = vr ee Commisoner of Education “Tom Grady, Coir Ben Gibson, Vice Choi Members Honest frown Esher Byrd Gri Pro iste Raney. Joeork November 18, 2022 Mr. Michael Burke, Superintendent School District of Palm Beach County 3300 Forest Hill Boulevard, C-316 ‘West Palm Beach, Florida 33406 Dear Superintendent Burke, “This letter is to follow-up from the presentation to the State Board of Education on October 19, 2022, regarding district policies and procedures for student services sent to the Department. Florida parents have a right to be fully informed of the education and the educational services being. provided to their students. The Parents” Bill of Rights, which is now codified in chapter 1014 and section 1002.20, Florida Statutes (F.S.), outlines parents’ rights regarding the education of thir children. Additionally, sction 1001 42(8)) F.S., requires a district 0 notify parents if there is a “change in the Student's services or monitoring related {othe student’s mental, emotional, o physical health or well- being and the schools ability to provide a safe and supportive leaning environment or th student.” This could, depending on the unique factual circumstances, include matters elated to a student's privacy, ‘name and pronoun usage, and restroom and locker room usage. As a reminder, parents have civil and administrative remedies for school district violations of section 1001.42(8)(c), FS. Also, please be aware of the requirements of the State Board of Education found in Rule 6A-10.086, Florida Administrative Code, addressing parental notification regarding bathrooms, locker rooms, and dressing rooms, as well as 5.1006.205, F.S., Faimess in Women’s Sports Act. Afer initial review of the policies and procedures submitted by the district, it appears that some of these policies or procedures may have not yet been updated to comply with revised Florida law and State Board of Education rule. This lis is not exhaustive, and your district should strive to review alls policies and procedures for other provisions that may not comport with Florida law. Specifically, the “Palm Beach County School Board ~ Policy Number 1.041 ~ Equity Policy,” includes the following: © “Purpose... This policy addresses existing practices and procedures that have inhibited success for some students. These barriers have translated into low academic achievement fo the certain groups of students, including but not limited to: African American, Haitian, of other African descent, Hispanic, Latino, Guatemalan Mayan, English Language Learmers, economically disadvantaged, lesbian, gay, bisexual, transgender, or questioning (LGBTQ), and students with disabilities. This is neither a coincidental occurrence or an accurate reflection of how these students are capable of performing.” 1 “I Background & Principles — A. Executive Summary ~ Transgender, Nonbinary and Gender- Expansive Student Guidelines and Procedures — Transgender... students must be permitted o: be addressed by the affirmed name and gender pronouns with which they identify.” p. 14). Incos Ouvn Sovon Cancion enw dos.org. 325 W. Gaines Seer Site 1302 | Talahasse, FL 32399-0400 | 850-245-0505  Superintendent Burke November 18, 2022 Page Two «+ “V. Guidance for Transgender & Nonbinary Students — Restrooms — In al cases, th principal should be clear with the student and parent/guardian (i appropriate) that the student may access the restroom, locker room and changing facility tha corresponds (0 the students affirmed gender identity.” (p. 68). + “V. Guidance for Transgender & Nonbinary Students - Physical Education, Intramural parts, Interscholastic Athletics — The School District of Palm Beach County athletics are under the auspices of the FHSAA. The FHSAA supports the participation of transgender, nonbinary, and geader- expansive students in all athletic activities in alignment with the Florida Department of Education's Code of Edhics and Principles of Professional Conduct... The FHSAA Handbook year 2022-2023 (page 73-74) forward includes specification entitled, “Gender Identity Participation,” including the ligibilty to participate n interscholastic athletics in a manner tat is consistent witha student's gender identity and expression, respective of the gender listed on the student's bith certificate.” op. 71-72). “The Department will provide an update on disrct policies and procedures for student service tthe next State Board of Education meeting, which will include a status report of where each district is i the process of reviewing and, if necessary, amending its policies. Therefor, lease evaluate your policies and lt us know the satus of your evaluation by December 9,202, 5 that we can inform the State Board. If ‘you have an updated policy or procedure or clarification on the documents previously submitted, please ‘mail to Parental Righs(a \doc.ors. Please feel fee to contact me directly with questions or requests for assistance. Sincerely, Y Oliva Senior Chancellor