Bathroom Access: What Students Need to Know

Bathroom access has become one of the most personal and politicized issues facing transgender and nonbinary students in Florida. At its core, this is not about politics—it is about safety, dignity, and whether students can get through the school day without fear or disruption.

What Florida Law Requires

In 2023, the Florida Legislature passed HB 1521, the Safety in Private Spaces Act. It applies to:

• K–12 public and many private schools

• Public colleges and universities

• Certain private colleges and universities (through a Department of Education rule for institutions licensed by the Commission for Independent Education or exempt under s. 1005.06(1)(b)–(f), F.S.)

Under HB 1521 and related DOE rules:

• Restrooms and changing facilities must be designated for exclusive use by males or females, as defined by sex assigned at birth, or be a single-occupancy unisex facility that meets privacy standards (floor-to-ceiling walls, locking door).

• Students, staff, and others can be disciplined only if they willfully enter a facility for the “opposite sex” and refuse to leave when asked by authorized personnel.

• Exceptions exist for emergencies, maintenance, accompanying certain people (such as children under 12 or someone with a disability), or when a designated facility is out of order.

• For private postsecondary institutions, policies must be updated in student and employee handbooks, disciplinary procedures must be in place, and students and staff must be told they can file a complaint with the Florida Attorney General if the school fails to comply.

The Role of Single-Stall and Unisex Bathrooms

The law explicitly allows single-stall unisex restrooms and unisex changing facilities as alternatives. These are often the safest and most dignified harm-reduction option for transgender and nonbinary students. If your school or campus has one, you can request to use it—this is permitted under state law.

What Federal Law Protects

Title IX, the federal law prohibiting sex-based discrimination in education, has been interpreted by courts and the U.S. Department of Education to include protections for transgender students. While Florida law is restrictive, Title IX still applies, and related cases are ongoing. This means you may still have legal recourse if you are denied access in a way that violates your federal rights.

What Students and Families Can Do

• Request a meeting: Discuss accommodations such as access to a single-stall unisex restroom or other privacy measures.

• Document incidents: If you are denied access or told to leave, write down the date, time, and names of those involved.

• Seek support: Contact PRISM for guidance and resources.

• File a complaint: You may file with the U.S. Department of Education’s Office for Civil Rights under Title IX or, in some cases, with the Florida Attorney General if your institution fails to meet state facility requirements.

Why It Matters

Bathroom access affects health, emotional wellbeing, and the ability to focus on learning. While current Florida law limits options, advocacy can still make a difference. Some schools and campuses continue to support students, and others may be open to change when students, families, and allies speak up.

If you or your child is being denied access or made to feel unsafe, you are not alone. PRISM is here to help you understand your rights, navigate your options, and take action when necessary.