New Policies Announced for Orange County Public Schools

On Monday, the deputy general counsel of Florida’s Orange County Public Schools system sent an email to principals announcing new policies for the upcoming academic year.

Discriminatory Treatment of Transgender Teachers, Staff, and Students

To implement recently enacted state laws, the email announced, the school district—which encompasses Orlando and serves more than 200,000 students—would be required to target transgender teachers, staff, and students for discriminatory treatment.

Restrictions on Pronouns and Restroom Use

Transgender teachers may no longer use their preferred pronouns or titles (such as Mr. or Ms.) in class; they must instead use the pronoun and title that corresponds to their “biological sex,” as assigned at birth. Transgender teachers, staff, and students may no longer use the bathroom that aligns with their gender identity at school. And transgender “visitors”—including parents, guardians, and students from other districts or states—will face criminal prosecution if they use the bathroom that fits their gender identity on school premises.

Severe Teacher Shortage in Orange County Public Schools

The guidance arrives amid a severe teacher shortage in the school district, with hundreds of vacancies left unfilled.

Laws Mandating Discrimination against Transgender People

It flows directly from two laws passed by Florida’s Republican-controlled Legislature, and signed by GOP Gov. Ron DeSantis, that mandate discrimination against transgender people throughout the state.

Civil Rights Challenges and Potential Legal Action

These laws, as well as the guidance implementing them, are highly vulnerable to civil rights challenges—particularly those rooted in the defense of free expression and workplace equality. Slate spoke with lawyers for several different civil liberties groups on Monday who were considering legal action in the near future.

Further Reading: Homophobic Business Owners Are Having a Field Day Since This Term’s SCOTUS Ruling

Laws and Policies Targeting Transgender Individuals

H.B. 1069 and H.B. 1521, the two laws in question, are part of DeSantis’ broader campaign against LGBTQ+ equality. They build upon earlier legislation, including the notorious “Don’t Say Gay” law, that censored discussion of LGBTQ issues, people, and families in the classroom, as well as book bans that disproportionately target LGBTQ-themed literature at public schools.

Restrictions on Pronouns and Titles

H.B. 1069 compels teachers and staff to identify with the sex that appeared on their original birth certificate, regardless of their gender identity. Transgender teachers must use pronouns and titles that correspond to their assigned sex at birth.

New Procedure for Students’ Preferred Names

Orange County Public Schools has created a separate procedure for students who wish to use a name at school that is different from their legal name. Parents must fill out a form granting teachers permission to use any such name in class.

Bathroom Restrictions

H.B. 1521 imposes a separate set of restrictions on transgender people’s use of bathrooms on a public school campus. It forbids transgender teachers, staff, and students from using the bathroom that aligns with their gender identity. Any transgender “visitor” who uses the corresponding bathroom on campus faces charges for criminal trespass.

Legal Infirmities and Civil Rights Challenges

The restrictions imposed on the Orange County Public Schools system contain a host of legal infirmities. H.B. 1069 censors teachers’ free speech based on content and viewpoint, in violation of the First Amendment. The bathroom regulations raise serious questions under both Title VII and Title IX, which bar sex discrimination against students. These laws may face civil rights challenges in court.

Potential Supreme Court Settlement

The U.S. Court of Appeals for the 11th Circuit, which includes Florida, has upheld an anti-transgender bathroom policy, creating a circuit split that must eventually be settled by the Supreme Court. The outcome for these provisions of the law remains uncertain.

Authoritarian Tactics and Threats to Democracy

The new policies in Orange County Public Schools reflect authoritarian tactics that aim to shut down free expression and target vulnerable minorities. Critics argue that Florida’s actions are undermining democracy.

Further Reading: Harshest Laws Threatening Trans Existence