(The Center Square) – The Arizona Department of Education strongly advises schools to not allow transgender females to use the girls’ bathrooms, and to have unisex facilities available for transgender students. 

Arizona Superintendent of Public Instruction Tom Horne said he has received many concerns from parents who are outraged by the idea of a "biological boy" being able to use the bathroom or locker rooms designated for girls, according to an August 17 news release. 

Some schools have cited federal Title IX as a means to allow this. 

“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,” Horne said. “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.” 

Arizona Democrats responded to Horne and said he released a “hate filled statement.”

“Tom Horne’s call for a bathroom ban just as the new school year kicks off is another attempt by extreme Republicans to stoke fear, division, and hate in the classroom,” said Executive Director of the Arizona Democratic Party Morgan Dick. 

Dick also said this was an “attack” on transgender Arizonans for “simply existing in the classroom.” 

Horne said this issue will ultimately be decided by the 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,” he said. 

Schools can provide separate facilities that are open to either gender and meet the needs of transgender students without compromising the dignity of others, Horne said.