LOUISVILLE,Ky — This week the Kentucky Department of Education released new guidance for school districts concerning the broad-reaching anti-transgender Senate Bill 150. The biggest change in their recommendations comes from the department’s interpretation of what topics districts are allowed to discuss.

What You Need To Know

  • Senate Bill 150 was passed by the state legislature earlier this year 

  •  The bill, which predominant deals with trans youth, also issues guidelines over what topics can be taught in schools

  • Kentucky's Department of Education believes due to wording in this portion of the new law, certin topics could still be taught

  • The bill's primary sponsor disagrees with the department's interpretation 

SB 150 makes changes regarding the instruction of courses and programs for topics like human sexuality and gender identity. It states districts must follow these guidelines:

  • Children in grade five (5) and below do not receive any instruction through curriculum or programs on human sexuality or sexually transmitted diseases; or

  • Any child, regardless of grade level, enrolled in the district does not receive any instruction or presentation that has a goal or purpose of students studying or exploring gender identity, gender expression, or sexual orientation.

The KDE interprets the use of the word ‘or’ instead of ‘and’ as meaning only one of those guidelines needs to be followed to remain in compliance with SB 150.

“Short term, what the Board of Education’s interpretation of the law allows is that students in middle school still potentially could be taught about sexuality in line with the guidelines being issued by the State Board,” said Dr. Stephen Voss, an associate political science professor at the University of Kentucky.

Voss adds its common nationwide for bureaucrats to focus on a small piece of legislation and use it to their advantage. 

State Senator Max Wise ,R-Campbellsville, who was the bill’s primary sponsor, fired back at the KDE’s decision in a statement Wednesday, saying, “Obviously, the legislature would not pose these two requirements, which protect children and protect parental rights, as a binary choice for school systems to select to enforce.”

“The Kentucky educational establishment clearly was opposed to Senate Bill 150 as it worked through the legislative process, opposed it when it passed, and they’re digging in their heels on implementing it,” Voss said.

A KDE spokesperson said in a statement, “When it comes to state law, words have meaning and KDE simply read the words adopted by the General Assembly.”

Despite this new challenge, Voss says it’s possible this loophole won’t last forever. 

“Interpreting a law in a way that goes against legislative intent isn’t likely to last very long because the party that passed the law still has the supermajority that they had back when they passed it,” Voss said.

There are two ways the new law’s phrasing could be amended, according to Voss. 

“They either can change the law later, which means, in Kentucky, waiting a long time until the legislature is back in session, or sometimes they can file a lawsuit and ask the courts to engage in legislative interpretation to you know, check off what the litigants say the law means versus what the executive branch is saying it means and decide who’s right,” Voss said.

But this fight could be far from over, as other portions of the newly revised guidance could expand the gray area of adopting district-wide rules on certain curriculum.

“Other loopholes would seem to be lurking within the state Board of Education’s interpretation,” Voss said.

Guidance from the Kentucky Department of Education is non-regulatory, and is intended to be used by districts as recommendations for how they should navigate new laws such as Senate Bill 150. 

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