Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2018).pdf/16

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 16 of 70 PageID 10694

identity; school records will be updated upon receipt of a court order to reflect a transgender student’s name and gender; unofficial school records will use a transgender student’s chosen name even without a court order; transgender students are allowed to dress in accordance with their gender identity; students are permitted to publicly express their gender identity; and the school will not unnecessarily disclose a student’s transgender status to others. Doc. 152, Def. Ex. 33; Doc. 151, Pl. Ex. 138 at Request for Admission # 51.[1] The Best Practices Guidelines also provide that “[t]ransgender students will be given access to a gender-neutral restroom and will not be required to use the restroom corresponding to their biological sex.”[2] Doc. 152,


  1. Defendant’s motion to withdraw and amend two responses to plaintiff’s request for admissions (Doc. 103) is granted. The Court will deem defendant’s responses to request # 45 and request # 54 to be amended as stated in the motion.
  2. The Best Practices Guidelines also provide that “[t]ransgender students will not be forced to use the locker room corresponding to their biological sex” and will instead be provided with other accommodations. Doc. 152, Def. Ex. 33 at 2.

    As to students participating in interscholastic sports, the Florida High School Athletic Association (“FHSAA”) (of which Nease is a member) does not have any policies regarding restroom or locker room access, but it does provide that students shall be given the opportunity to participate in school sports in a manner consistent with their gender identity, regardless of the gender listed on a student’s birth certificate or school records. Doc. 151, Pl. Ex. 68 (FHSAA Administrative Policies, 2017–18 edition) at § 4.3; Doc. 152, Def. Ex. 65 (St. Johns County School District Student Code of Conduct 2017–2018) at § 8 (referencing student athletes’ mandatory compliance with FHSAA rules and by-laws). Schools which fail to abide by the FHSAA Policies are subject to monetary penalties. Doc. 151, Pl. Ex. 68 at 1. The Best Practices Guidelines acknowledge the FHSAA policy. Doc. 152, Def. Ex. 33 at 2.

16