Missouri School District Hears Policy On Hoax "Litter Boxes" And Trans Bathroom Bans

Francis Howell School District in Missouri held a hearing on a policy that would ban trans students from bathrooms of their gender identity as well as litter boxes, despite those boxes being a hoax.

Francis Howell School District in Missouri, one of the state's largest, recently held a hearing regarding a new policy aimed at transgender students and their use of bathrooms. This policy seeks to prevent transgender youth from using restrooms that match their gender identity, while offering only limited alternative options. Additionally, the policy contains provisions concerning the presence of litter boxes in bathrooms, a baseless rumor circulated by several far-right anti-trans websites that has been proven to be a hoax. The school district is scheduled to vote on this policy in November.

The new policy, Policy 2116, would mandate that transgender students may only utilize restrooms corresponding to the gender marker on their birth certificate. While it advises schools to establish a gender-neutral restroom, the policy only designates one such facility per school and does not require its presence on every floor. The limited availability of gender-neutral restrooms has previously sparked concerns. Relying solely on them can inadvertently disclose a student's transgender identity. Additionally, these facilities are often inconveniently located from classrooms and are occupied, leading to potential health complications from youth holding in their pee. Notably, the 7th Circuit Court of Appeals determined that “gender-neutral bathrooms” are not a constitutional substitute for allowing transgender individuals to use restrooms matching their gender identity due to these reasons.

The policy dismissively brushes aside these legitimate concerns. It goes so far as to penalize students for "abusing the privilege" of accessing single-use facilities after the imposed ban. If, for example, a student is repeatedly delayed due to the impracticality of such facilities, they risk being barred from using them altogether. This could result in some schools pushing trans students to use bathrooms corresponding to their sex assigned at birth, simply because the only facility provided is too out of the way for practical use.

See this section of the policy here:

“Abuse of privileges” in Policy 2116

The policy doesn't stop there. It specifically notes that "Except as necessary due to a physical or kinetic disability, only toilets and urinals shall be used to discharge human waste within restrooms or single-use restrooms." This seems to allude to the unfounded "litter boxes in classrooms" myth, propagated by Libs of TikTok—a right-wing account notorious for fueling transphobic harassment and violence. The claim is that students “identifying as cats” have demanded litter boxes. To this day, no verified incidents of litter boxes being used in schools exist, except for an isolated case in the late 2010s where kitty litter was stored in classrooms as a precautionary measure during school shootings.

See the section on litter boxes here:

Section implicitly barring the use of litter boxes.

The organization responsible for the election of many of the candidates confirmed this in its published materials. Francis Howell Families, a right-wing organization opposing transgender rights and DEI initiatives, stated that the policy “mandates that only toilets and urinals can be used to dispose of human waste (in other words, no cat litter-boxes for staff to clean up).” The conservative PAC actively campaigns for school board members with anti-trans views and five school board members are backed by this organization.

This is not the first time Francis Howell Families candidates have taken controversial positions and actions. In July, the school board voted to do away with an anti-racism statement. The district is 87% white.

The transgender bathroom policy ignited a tumultuous hearing, drawing numerous people vehemently opposed to enacting it. Amy Easterling, an advocate from Francis Howell Forward, vocally criticized the policy, stating, “The first read of policy 2116 puts our transgender and gender non-conforming students in the crosshairs of a manufactured culture war.” She then chastised the board for succumbing to the litter box myth.

See her testimony:

Though it seems unlikely that this bill will be stopped via vote, it will almost certainly lead to a lawsuit. Becky Hormuth, another voice at the hearing and the parent of a transgender child, stated emphatically, “If this policy passes, my family has no choice but to seek further legal action against the Francis Howell board of education, because inclusivity is not only a moral imperative, it is also a legal one.” Such a policy might come at a steep financial cost for the school board, potentially over a million dollars as seen in other similar lawsuits. In November, the school board will have to weigh whether a policy that discriminates against transgender students is worth such a gamble.