New guidance follows landmark legal rulings.
Schools across Scotland must now provide separate toilets for boys and girls, based strictly on biological sex, under updated guidance issued by Holyrood ministers.
At the same time, schools are being advised to consider additional gender-neutral facilities to support transgender pupils.
The revision overturns previous guidance that allowed pupils to use whichever facilities they felt most comfortable with.
The change comes after two significant court rulings clarified the legal position on single-sex spaces earlier this year.
Court decisions shaped policy shift.t
In April, a Scottish judge ruled that schools cannot rely solely on gender-neutral facilities and must make single-sex toilets available.
That judgment came shortly after the UK Supreme Court unanimously determined that “woman” and “sex” under the Equality Act 2010 must be defined in terms of biological sex.
The new government advice, published on Monday, now states clearly that “separate toilet facilities for boys and girls must be provided in schools.”
It adds: “As the law stands, the facilities are required to be made available based on biological sex.”
However, the same document encourages schools to “consider” options for transgender students, including gender-neutral provision.
Guidance urges care for transgender pupils.
The advice warns schools against actions that could “out” a pupil as transgender, stressing the importance of supporting those who wish to live in a gender different from their biological sex.
It cautions that denying support could negatively affect a young person’s “wellbeing, relationships and behaviour.”
Officials suggest practical steps, such as allowing transgender pupils to use facilities outside normal break times or granting access to specific spaces discreetly to reduce visibility.
They note that in some cases, schools may need to seek legal advice tailored to individual circumstances.
Uniform rules have also been updated.
The guidance also addresses school uniforms, warning that forcing a transgender pupil to wear clothing that does not reflect their gender identity may be discriminatory under the Equality Act.
Criticism from Scottish Conservatives
The Scottish Conservatives accused the SNP government of creating confusion rather than providing clarity.
Roz McCall, the party’s spokesperson for children and young people, argued that ministers had failed to properly implement the Supreme Court ruling.
She said: “The Supreme Court ruling was clear — the legal definition of a woman is based on biological sex, and they are entitled to single-sex spaces.
“But instead of enforcing the law, the SNP have confused matters further by producing contradictory and potentially harmful guidance that will make things more difficult for schools.”
Education secretary defends approach.
Education Secretary Jenny Gilruth defended the decision, insisting that the rights of all pupils must be upheld in schools.
She said the Scottish government accepted the Supreme Court ruling and had been working since April to ensure compliance.
Ms Gilruth said the revised guidance was designed to give teachers and staff “clarity and confidence” in supporting transgender pupils while respecting legal obligations.
She added that the advice reflects “significant legal and policy developments” in recent months.
Advisory, not mandatory
The document is advisory rather than legally binding, since schools are run by local authorities rather than the Scottish government.
Ministers said the changes were necessary to align school guidance with recent legal requirements.
Ms Gilruth added: “The Scottish government respects the rights of everybody. I want every pupil to be able to reach their potential, and every pupil deserves our support to do that. Our guidance means that all of their individual needs will be respected.
“All schools are required to provide separate toilets for girls and boys.
“In addition, the guidance makes clear that councils should give careful consideration to the individual needs of transgender pupils in light of the school context and school community.”
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