Horne addresses boys and girls restroom policies at schools Education Department has received concerns from parents

For immediate release: August 17, 2023
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Horne addresses boys and girls restroom policies at schools
Education Department has received concerns from parents

PHOENIX – Recent questions raised about school policies for the usage of restrooms, locker rooms and shower areas has state schools chief Tom Horne responding to concerns he has received from parents and other interested citizens statewide.

Horne stated, “I have been contacted by a number of parents who are outraged by the idea that biological boys can use restrooms, locker rooms and shower facilities meant for girls, and they are considering removing their daughters from schools that allow this. In Arizona, they certainly have multiple school options from which to choose.”

Some schools have cited federal Title IX as a basis for their guidance. Horne explained, “Under the current Title IX, there is no language that compels schools to permit biological boys to use girls’ bathrooms, locker rooms or shower areas. The Biden administration has proposed changes to Title IX that might allow for this, but this proposal has no force of law until it is ruled on by the courts, which has not occurred. Therefore, the Arizona Department of Education strongly advises that schools not initiate a policy that allows biological boys to use restrooms, locker rooms or shower facilities that are intended for girls. Biological boys who expose themselves to girls could be violating indecent exposure laws and subject to arrest. Schools can provide separate facilities – even small ones that are open to either gender - that meet the needs of transgender students without compromising the dignity of others.”

He added, “The issue will ultimately be decided by the United States Supreme Court. I am defending the state law that prohibits biological boys from participating in girls’ sports and the basic legal argument for that action is similar to the one that addresses the use of bathrooms, locker rooms and shower areas.”