Florida Board of Education passes rule ensuring high school sports separated by biological sex

Published May. 29, 2024, 3:45 p.m. ET | Updated May. 29, 2024

Basketball lies on the court during a high school basketball game time-out, Pittsboro, N.C., Jan 26, 2021. (Photo/Gene Gallin)
Basketball lies on the court during a high school basketball game time-out, Pittsboro, N.C., Jan 26, 2021. (Photo/Gene Gallin)

MIAMI – The State Board of Education reinforced its stance Wednesday to protecting the integrity of women and girls in sports by determining a student’s biological sex, and not gender identity, will be the factor to participate in the Florida High School Athletic Association.

“I’m grateful that the State Board of Education took decisive action on critically important topics today, especially for women and girls,” Commissioner of Education Manny Diaz Jr. said. “Florida will never compromise on the health, safety and well-being of our students and educators. Whether it’s the integrity of athletics or safety on school campuses, we are absolutely committed to doing what’s right.”

The board unanimously approved the new bylaws for the Florida High School Athletic Association, or FHSAA, for the upcoming 2024-2025 school year. The rule ensures students will compete in athletics based on their biological sex, at birth.

In its stance, the board declared the rule “preserves fair opportunities for female athletes” in accordance with Gov. Ron DeSantis’ policies and the Florida Department of Education. It also noted the decision as a direct contrast with what Florida critics have called the Biden administration’s assault on Title IX protections for women and girls, in favor of transgender people.

Diaz affirmed Florida’s stance to state superintendents and charter school leaders in April, stating no “educational educational institution should begin implementing any such changes until further notice.”

Florida has since filed a federal lawsuit against the U.S. Department of Education regarding its changes to Title IX.

“The Board’s action is consistent with Florida’s fight against the Biden administration’s attempt to make radical changes to Title IX protections affecting women and girls, effective August 1, 2024,” the release said. “If successful, the federal anti-discrimination law’s longstanding application of biological sex will no longer have any meaning, as gender identity will be included within the term ‘sex.’”

The board also affirmed protecting students, teachers, and staff by updating its school safety requirements. The guidance is a direct reflection of HB 1473, which focuses on campus access control.

HB 1473 was sponsored by Reps. Dana Trabulsy, R-Fort Pierce, and Christine Hunschofsky, D-Parkland. It was then approved by DeSantis in May.

Among its details, the law changes a vast array of school safety requirements. They include gates, access points, classrooms and instructional spaces will remain closed and locked with students on campus.

The law also requires age-appropriate instruction of FortifyFL, a suspicious activity reporting tool, within the first five days of school. It also entails all classrooms and instructional spaces also clearly marked “safest area”

Furthermore, annual inspections of public schools by a School Safety Specialist as well as unannounced compliance inspections of every public and charter school are required over a 3-year period by the Florida Department of Education’s Office of Safe Schools under the law.

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