JCPS board decides on SB 150 policy, but does it run afoul of the anti-trans law?
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With just two days to spare, the Jefferson County Board of Education approved a policy needed to implement Senate Bill 150, the state’s new anti-trans law.
The policy includes a statement of concern, outlining the issues Kentucky's largest school district has with SB 150, as well as an exception clause that could run afoul of the new law.
Approved in a 5-2 vote, the policy was the third drafted by the district. Unlike the previous two versions, this one includes a special section giving students with gender dysphoria an exception. The policy recognizes gender dysphoria as a disability, explaining that it is characterized by The American Psychiatric Association as a condition causing, “psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity."
Since the condition is considered a disability, the policy states students with gender dysphoria could be entitled to certain accommodations, including "permitting access and use of a certain restroom for a student."
That access could violate the law's requirement that districts craft bathroom policies that, "at a minimum," will not allow trans kids to use the bathroom tied to their gender identities, depending on how schools provide access. In previous discussions regarding JCPS' policies, Superintendent Marty Pollio told board members that nearly, if not all, schools have at least one gender neutral bathroom.
Whether or not the district is violating state law in this fashion is almost a non-issue, given attorneys with the Kentucky Department of Education and JCPS have pointed out that SB 150 likely violates federal laws - specifically the 14th Amendment of the U.S. Constitution and Title IX, which deals with citizens' civil rights and promise of equal protections.
The policy also postpones teaching students about the male and female reproductive body parts and about the social and emotional changes that occur during puberty. While Kentucky schools were previously required to teach fifth grade students this, JCPS students will not receive these lessons until sixth grade. Teachers within JCPS will still be able to teach lessons regarding the prevention of sexual abuse, explaining the difference between "good touches and bad touches," said Jonathan Lowe, a JCPS policy administrator.
The board's reluctance to pass a policy is rooted in both the likelihood of lawsuits, as well as the harm SB 150 could bring to some students.
Prior to the passage of SB 150, Kentucky’s LGBTQ students were already showing signs of danger, with significantly higher rates of negative experiences and negative thoughts than their peers. A survey of Kentucky high school students conducted by the Center for Controlled Diseases showed LGBTQ students reported higher rates of:
Not going to school because they felt unsafe at school or on their way to or from school
Being threatened or injured with a weapon on school property
Sexual dating violence and physical dating violence
Sadness and hopelessness
Suicidal ideations and suicide attempts
Purposely hurting themselves without wanting to die
During the board’s last meeting in July, District 7's Sarah McIntosh referred to the new law in one simple word: mean.
Frankfort politicians behind the passage of the law are wrong for thinking, she said, harm “has come to another student by protecting the most vulnerable.”
McIntosh voted in favor of passing the third policy version, as did board chair Diane Porter, District 3's James Craig, District 4's Joe Marshall, and District 6's Corrie Shull.
Craig scolded Frankfort politicians for treating children as "political footballs."
During the July meeting, the board passed a resolution introduced by District 2's Chris Kolb that affirmed the rights of trans youth and agreed that the district will not reveal a student's transgender status, birth name or medical history to classmates, parents or teachers.
“This is a victory for all who believe that our most vulnerable students matter,” Z! Haukeness of Louisville Showing Up for Racial Justice said in a press release. “We will keep fighting until our schools are safe from SB150, and safe from weapons detection systems and police in schools. These issues are connected and we refuse to let them come for any of us without coming through all of us.”
That resolution, though, angered at least one Kentucky lawmaker who accosted Pollio during a state education committee in Frankfort last week.
The legislature passed SB 150 "for the betterment and for the protection of the children in our care - the children in your school system and your board completely disregarded that legislation that was passed," said Rep. Shane Baker, R-Somerset, when addressing Pollio.
He highlighted portions of the resolution that said students and staff shall use requested names and pronouns, and that the district will not reveal a student's transgender status to parents. He also pointed to a portion that states parents will be granted access to "official" school records if requested, leading him to imply that "shadow" records could exist.
"Parents should never be kept in the dark," Baker said. "Parents should always be aware of what's going on with their child. ... They are the decision makers for their kids, not your school system."
"For you guys to disregard the law that we have passed, it is completely irresponsible and it sets a bad precedent for the kids in your care. ... You need to set the example of doing what's right by following the law," he said.
A resolution does not carry the same weight as a board policy, with a resolution generally representing a stand of support. But, District 5's Linda Duncan voted against the resolution, stating it sounded too much like policy.
Kolb responded to Baker's critiques of the board and its resolution during Monday's meeting, saying he has "failed to live up to what (he has) accused others of."
"I'm sure he himself has not followed the rules as a legislator," Kolb said of Baker, adding that he is confident that it will be found that "the state legislature of Kentucky is not following the U.S. Constitution by passing SB 150."
Look below to see the policy passed by board members Monday.
JCPS potential policy regarding SB 150 by Krista Johnson on Scribd
More: ‘A disturbing picture’: Girls in Kentucky, nation face mental health crisis, survey shows
This article originally appeared on Louisville Courier Journal: JCPS board decides on SB 150 anti-trans law policy, finally
