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The guidance says councils should consider providing gender neutral toilets for transgender pupils
Scottish schools must provide separate toilets for boys and girls, the government has said.
New guidance issued by Holyrood ministers says that facilities must be made available on the basis of biological sex, but that schools can also provide gender neutral toilets.
Schools had previously been told that transgender pupils could use whatever toilets they felt most comfortable in.
Education Secretary Jenny Gilruth said the guidance provided “clarity” following two landmark court rulings.
In April, the Supreme Court ruled that a woman is defined by biological sex under equalities law.
Two months later, a judge ordered that six Scottish schools must provide single-sex toilets for pupils.
Updated guidance published
The updated Scottish government guidance says that under the law toilet facilities must be “made available on the basis of biological sex”.
It also says educational authorities should consider toilet arrangements for transgender pupils, such as “gender neutral provision”.
In its previous guidance, published in 2021, the government said there was no law that stated “only people assigned male at birth can use men’s toilets and changing rooms, or that only people assigned female can use women’s toilets and changing rooms”.
It also said that in PE classes organised by sex, transgender pupils should be able to take part with the group that matches their “gender identity”.
However, this line is removed in the new
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