Fayette Co. Public Schools’ Troubling “Non-Binary” Bathroom Design Exposed in Interim Hearing

FRANKFORT, KY – The Kentucky General Assembly Interim Joint Committee on Education met today and heard testimony from State Rep. Matt Lockett citing major concerns with Fayette County Public Schools’ new bathroom facility guidelines, highlighting a Fayette County middle school currently under construction. The school in question, Mary E. Britton Middle School, is currently designed to have what FCPS describes in its facilities documents as a “non-binary or inclusive toilet design” and would force both boys and girls to share the same bathroom facilities and bathroom stalls.

Rep. Lockett, whose district encompasses part of Fayette County, provided testimony to the committee in strong opposition to the changes. Response was offered by FCPS Superintendent Dr. Demetrus Liggins who defended the designs as necessary to avoid disciplinary issues. The Family Foundation, which is headquartered in Fayette County, was present during the hearing and is strongly opposed to the removal of gendered restroom facilities, agreeing with Rep. Lockett that the changes represent an opportunity for great harm to students.

Statement from David Walls, executive director of The Family Foundation:

“Female students deserve their own bathroom facilities that will protect their privacy and safety. It is simply wrong that FCPS is seeking to eliminate sex separated bathroom facilities by forcing girls and boys to share the same bathrooms. I am thankful for Rep. Lockett and the interim joint education committee shining a light on the appalling actions of FCPS that are clearly putting radical gender ideology ahead of the safety and privacy of its students. We look forward to working with the General Assembly on behalf of families and students in support of commonsense policies that will ensure students are protected,” Walls concluded.

According to the most recently available date from the KDE, behavioral incidents classified as those involving assault or violence—which includes incidents of a sexual nature—has “seen a sharp increase” over the last five years of 34.7%. That same report indicates that the third most likely location for a behavior event to take place was in a school restroom. Further, the report also states that the grade levels most likely to engage in behavior events involving assault and violence are grades 6-9.

On August 16 of this year, the Herald-Leader reported that Henry Clay High School would be implementing a new policy that closes bathrooms between classes due to an increase in behavior events in restrooms. When asked how these proposed changes would increase student safety, Dr. Liggins offered no official data to support that conclusion. Rep. Lockett stated that removing gender distinctions from restroom facilities would make students inherently less safe, especially the district’s female student population.

The Family Foundation helped support SB 150 in the 2023 legislative session that requires schools to “not allow students to use restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex.”