Council bosses are waiting to learn if three Perth and Kinross schools built with only gender-neutral toilets will have to be adapted.
It comes after a Court of Session judge ruled Scottish schools must provide single-sex toilets for pupils.
Perth and Kinross Council says it is awaiting Scottish Government guidance on the schools under its control.
A spokesperson said: “Currently we have nine schools with mixed-sex facilities.
“Six of these also have separate male and female toilets while the remaining three have been designed with floor-to-ceiling cubicles in semi-open plan areas that will allow schools to reassign separate toilets for males and females.
“The same system is in place in schools currently under construction, such as the new Perth High School.”
Bertha Park High School, which opened in 2019, was built with gender-neutral toilets.
The Courier has asked the council which other schools are affected by the ruling.
Court rulings lead to Perth and Kinross schools gender-neutral toilets review
Last week’s Court of Session judgment was made in a case brought against Scottish Borders Council by parents concerned about a new primary school that had been built with only gender-neutral toilets.
The decision came after the UK Supreme Court unanimously ruled a woman is defined by biological sex under equalities law.
Following the Supreme Court judgment, the Equality and Human Rights Commission issued an interim update on its guidance.
It said: “Schools must provide separate single-sex toilets for boys and girls over the age of eight.
“It is also compulsory for them to provide single-sex changing facilities for boys and girls over the age of 11.
“Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities.
“Suitable alternative provisions may be required.”
Tayside school toilet incident led to voyeurism charges
Councillor Peter Barrett is the equalities lead for Perth and Kinross Council.
The Perth City Centre Liberal Democrat councillor said: “I contacted senior officers following the Scottish Borders Council decision last week and have requested a briefing on the position in Perth and Kinross.
“We need to look at toilet provision in schools across Perth and Kinross, for both existing schools and new-builds and ensure compliance with the law and revised guidance on provision of single-sex and gender-neutral toilets.”
Calls to ban unisex toilets in schools have been made previously after an incident at a secondary school in Dundee.
A 15-year-old boy was charged in connection with voyeurism in December 2024.
A female pupil was reported to have found a phone hidden – with the camera switched on – inside a toilet roll holder.
The device was said to contain “hundreds” of videos and images of naked girls.
Scottish Government responds
The Scottish Government is working to update its guidance following the recent legal decisions.
A Scottish Government spokesperson said: “Local authorities have statutory responsibility for the school estate, including provision of toilets.
“The Education Secretary will engage with COSLA to carefully consider the implications of the Court of Session ruling involving Scottish Borders Council in relation to Earlston Primary.”
The spokesperson added: “We are keen to work with the EHRC to ensure consistent, inclusive and comprehensive guidance is in place following recent legal decisions.”
Conversation