Ohio bill could ban 'gender ideology' curriculum for K-3 students

Erin Glynn, Columbus Dispatch
Updated ·4 min read
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Ohio senators' changes to House Bill 8, referred to as the parents' bill of rights, bring the potential law more in line with Florida's controversial law nicknamed the "Don't Say Gay" law by opponents.

Opponents say the bill will force the outing of students to their parents and targets LGBTQ students or students with LGBTQ families. Supporters say it's about giving parents authority over their children.

State Rep D.J. Swearingen co-sponsored a bill referred to as a parent's bill of rights. Committee changes to the bill have brought it closer to controversial legislation in other states.
State Rep D.J. Swearingen co-sponsored a bill referred to as a parent's bill of rights. Committee changes to the bill have brought it closer to controversial legislation in other states.

House Bill 8 originally would have required schools to notify parents about any sexually explicit learning materials, defined as any description or pictures depicting sexual conduct.

Parental rights bill increasingly more stringent

The original bill would also require schools to notify parents about any provided health care services. It would have banned school staff from encouraging a student to withhold information about their health or well-being from their parents, unless "disclosure would result in abuse, abandonment, or neglect."

Republicans on the House Primary and Secondary Education Committee removed the exception for suspected abuse and neglect. They also changed the bill's language from sexually explicit content to "sexuality content," which is defined as any description or depiction of sexual concepts or "gender ideology." The bill does not define gender ideology.

There are exceptions for education about preventing venereal disease, child sexual abuse and sexual violence.

They also added language explicitly requiring parents be told if a student requests to "identify as a gender that does not align with the student's biological sex."

The bill passed the Ohio House, 65-29 in June.

Does Ohio already require parental notification?

Under Ohio's current laws, schools are required to notify parents of any instruction that goes beyond the criteria for venereal disease education. Parents can review any sexual education materials in their student's school upon request and school districts must have parental review of curriculum.

School districts are also required to excuse students from sexual education and assault prevention if a parent requests it.

A contentious hearing

On April 23, the Senate Education Committee approved changes to the bill that would ban any curriculum with sexuality content in kindergarten through third grade and require a parent’s consent for any physical or mental health care the school provides, which are the same as two parts of the Florida law.

Harley Rubin, a transgender person and graduate student at Case Western Reserve University, submitted written testimony about coming out in high school and seeking help from the school counselor regularly after his father's yelling.

Rubin told The USA TODAY Network Ohio Bureau he believes the bill will endanger students.

"Not only will it not educate kids fully and restrict what can be said in schools, but it also would risk students' safety, violate their privacy and create a barrier between them and school professionals," he said.

Committee Chair Sen. Andrew Brenner, R-Delaware, disagreed with this characterization during the hearing.

Six people testified about the bill during the hearing. Five speakers were against the bill and one was in favor.

Concerns about 'forced outing' of students

Liam Strausbaugh with the National Association of Social Workers of Ohio expressed concerns with the conflict the bill may present with the social workers' code of conduct emphasizing a need for confidentiality and respect for client autonomy.

“Mandating that school staff report a child’s innermost thoughts and feelings to parents immediately can be incredibly damaging to a child’s therapeutic process and would discourage youth from sharing anything at all with support staff," he said.

Brenner asked what part of the bill would facilitate the forced outing of students and asked if a student would already be out if they are going by another name.

Rubin told The USA TODAY Network Ohio Bureau coming out to a counselor or a teacher can be on the path to coming out to one's parents.

"You're trying to figure out, 'I know this person accepts people like me, so I'm just gonna give it a shot, and then they can help me try to decide how I'm going to tell my parents.' It's not about keeping anything from your parents, but getting to it and trying to do that in a safe way," he said.

Troy McIntosh with the Center for Christian Virtue spoke in favor of the bill.

“Government actors cannot and must not be allowed to supersede the authority of the parents on these particular topics. That’s all this bill does. It is not a 'Don’t Say Gay' bill. As much as people want to link it to that language, it’s not," he said at the hearing.

Erin Glynn is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Changes to Ohio education bill resemble Florida's 'Don't Say Gay" law