LOUISVILLE, Ky. — Just two days before the start of the school year, the Jefferson County school board adopted a policy to implement Senate Bill 150—but with some exceptions.

The anti-trans legislation passed earlier this year restricts the bathrooms students may use and allows teachers to misgender students. JCPS leaders say the policy is more protective of trans students, but it’s not perfect.

The Board of Education's policy to implement Senate Bill 150, adopted Monday night, includes a statement of concern over the law’s impacts.

Notably, it adds an exception saying a student with gender dysphoria may have a disability and could request, in conjunction with a parent, an accommodation to access a bathroom aligned with their gender identity.

JCPS attorney Kevin Brown called it a “legal” but “bold” policy.

“This policy, number 3, is not perfect. For example, transgender students whose parents may not know or do not want to avail themselves of the 504 process to get an accommodation would not be accommodated," Brown said. "We would still offer an accommodation to that child utilizing a bathroom, a single stall bathroom or something else, but that is a downside to version number 3."

The board took the exception "as far as we can take it," Brown added.

The policy also says that a teacher who intentionally and repeatedly misgenders a student may violate the Education Professional Standards Board Code of Ethics and the conduct would be reported to EPSB.  

“I think version 3 is the right way to go," JCPS Superintendent Dr. Marty Pollio said. "I do have significant concerns about the actions that the Legislature will take, including giving up local control.”

Opponents of SB 150 hugged after the meeting, with some saying the version the board adopted doesn’t go far enough to protect trans kids.  

“You need multiple meetings with teachers and school administrators. Okay? It puts it behind a paywall," JCPS parent JP Lyninger said. "This is a class issue, if nothing else and it doesn’t protect kids the way version two does and it certainly doesn’t say we stand with kids the way that version two did.”

That earlier version, which the board discussed last month, said SB 150 violates the Constitution and Title IX.

The board had an August 15 deadline to adopt a policy. The board says it will revisit the policy adopted Monday, based on the actions of the federal government.

Last week, Republican Representative Shane Baker called on the district to follow the law, saying lawmakers passed SB 150 to protect children.