Page:Adams ex rel. Kasper v. School Board of St. Johns County, Florida (2021).pdf/27

 than engage with the legality of the policy, the dissent rewrites the record and argues against a policy that never existed.

The dissent ignores the record in an apparent attempt to save the School District from itself. Dissenting Op. at. The School District told the District Court and us on appeal that its policy ties a child’s bathroom designation to their enrollment documents. And the School District repeatedly conceded that its policy would allow a transgender male student to use the boys’ bathroom as long as he provided documents at the time of enrollment that reflected his sex as male. The dissent says, however, that these repeated admissions are of no moment because the School Board also said they would “re-examine” the reliance on the “self-identified” enrollment information if “abiding by [that] data became a problem.”