LOUISVILLE, Ky. — A battle over grammar continues between the Kentucky Department of Education and the Attorney General.
This week, the Attorney General’s office issued an official opinion expressing its opposition of the Kentucky Department of Education’s interpretation of Senate Bill 150. The broad-reaching bill passed through the state legislature this year and, among other things, changes what topics can be taught in schools concerning gender and sexual identity.
KDE’s guidance on Section Two of the bill hones in on the use of the word ‘or’ instead of ‘and’ to separate these two lines.
A policy to respect parental rights by ensuring that:
1. Children in grade five (5) and below do not receive any instruction through curriculum or programs on human sexuality or sexually transmitted diseases; or
2. 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; and
KDE believes this allows districts to adopt a policy where they follow one of those two guidelines. The Attorney General’s Office disagrees.
“The KDE’s interpretation would render part of the statute meaningless, creating an absurd result that is clearly contrary to what the legislature intended,” Attorney General Daniel Cameron, R-Ky., stated in his 13 page opinion. “School districts are not given the option as to which of these prohibitions they are required to implement.”
Education Commissioner Dr. Jason Glass responded with the following statement.
“Daniel Cameron is free to offer all the opinions he wants on how SB 150 should be interpreted and his beliefs on whether it conflicts with federal law. However, such matters are not settled by Cameron’s opinion - they are settled in court,” Glass said. “Additionally, the General Assembly may provide greater clarity in their statute once they gavel into session to correct any errors they may have included.”
Neither the opinion of the Attorney General’s Office or the KDE’s legislative guidance are legally binding.
The second half of the Attorney General’s opinion goes into why they believe SB 150 does not violate Title IX. This includes sections of the bill that no longer require teachers to use a student’s requested pronouns and another, which creates provisions on what locker rooms or restrooms trans students can use.
Lawmakers can change the wording of the new law when they return to Frankfort next year.