LOUISVILLE, Ky. — On April 17, the Kentucky Department of Education released guidance for districts on how to deal with several new education laws. The largest section of the nine-page document centers on Senate Bill 150.
Following an override of the governor’s veto, the omnibus anti-trans bill became law last month. It went into effect immediately because of an emergency clause in the bill’s language.
Education Commissioner Dr. Jason Glass says several districts reached out for guidance on the new laws.
“Our guidance is non-regulatory, meaning it doesn’t have the force of law but we think these are things that districts need to be thinking about as they meet the implementation of these new laws,” Glass said.
The law also limits what kind of guidance KDE can offer. Specifically concerning the use of a student’s requested pronouns. Under SB 150, teachers and staff are not required to use them.
Schools can no longer allow transgender students to use restrooms, locker rooms, or shower rooms that are reserved for students of a different biological sex than theirs.
Instead, schools must provide “the best available accommodation” to students who don’t identify as their biological sex, and who also have written consent from their parent or guardian.
“There are going to be questions as the state of Kentucky implements this new law and how that comes into conflict with other federal laws and rights that people have guaranteed under the constitution,” Glass said. “Ultimately, it’s not the Department of Education’s place to decide which of those is right or if the state law violates the constitution or not.”
KDE’s guidance goes on to say, “School districts should remain aware of the legal landscape applicable to transgender students.”
“In some of these situations, the school districts are going to have to work with their attorneys and sort out for themselves what they think it means, but ultimately I do think we are going to end up seeing some of this sorted out in court,” Glass said.
Supporters of Senate Bill 150 say it protects both parental rights and the safety of students.
“The terms he and she communicate fixed facts about a person and teachers should not be forced to violate their consciences regarding what they know to be true or not true,” State Sen. Max Wise (R-Campbellsville) said in February.
Commissioner Glass says Senate Bill 150 is not good public policy.
“In some cases, it moves us to the front of the line of what I consider some very punitive, hateful legislation targeted toward LGBTQ individuals and young people,” Glass said.
Under the new law, students can not receive any instruction or presentation exploring gender identity, gender expression or sexual orientation.
Fifth-grade students and younger will also no longer be taught about human sexuality or sexually transmitted diseases. This includes descriptions of basic male and female reproductive body parts and their functions, as well as the physical, social and emotional changes that occur during puberty.
They can discuss those topics in grades six and higher. School districts must notify parents at least two weeks ahead of instruction on these subjects and get written consent for their child to take part. Alternate coursework must also be provided if parents choose to opt their child out of the lesson.
In March the ACLU of Kentucky said in a news release their team was analyzing the final version of Senate Bill 150… they said “If this unconstitutional measure becomes law, our legal team stands ready to see the commonwealth in court.”