Ohio school board pushes back vote opposing federal protections for LGBTQ children

Ohio's State Board of Education punted on whether to support a resolution that opposes changes to Title IX, a federal law whose definition of discrimination is being expanded to include LGBTQ+ children.

Introduced by board member Brendan Shea, the four-page document lays out an "unequivocal opposition" to adding gender identity and sexual orientation to Title IX's federal protections.

It's a change that could require schools to permit transgender student access to bathrooms, locker rooms and sports teams or face a loss of federal funds.

The resolution was on the agenda for an up or down vote Wednesday, but a 12-7 majority decided it needed further review.

"I'm really concerned about the legal issues in this motion," Board Member Maryl Johnson said.

If passed, the resolution would direct Ohio's state superintendent to send a letter to all local schools boards telling them that the changes to Title IX are not final and they should not feel obligated to follow them. And it would recommend state lawmakers authorize stopgap funding to local districts that refuse to comply.

"I want to know what the legal ramifications would be," Board Member Tim Miller said.

But Shea saw the move to send his resolution to the executive committee as a way to quietly "kill" it without forcing the full board to take a public vote.

"For many, this idea is just to make this go away," he said.

LGBTQ and Title IX:Ohio Board of Education resolution says person's sex 'unchangeable fact'

The State Board of Education's executive committee doesn't meet every month, and it's possible that could push a vote on this resolution into the new year. That means it would be in front a new board, as several members are up for election in November.

"I believe as education leaders in Ohio this body must take a stand on one of the defining issues of the day, which is gender identity and Title IX," Shea said.

Shea thinks the dozens of upset parents who came to testify Wednesday won't go away just because the board decides not to vote.

Johnson, however, pointed out that dozens of parents and transgender students came to speak in opposition to the resolution. And she said it's wrong to assume what the executive committee will do.

If the board doesn't act before the end of the year, that doesn't preclude Ohio lawmakers from moving forward.

Republicans, who hold supermajorities in both the Ohio House and Senate, have introduced bills to ban transgender girls from female sports teams, block minors from accessing hormone therapy, and restrict how content labeled as "explicit" gets taught.

One of the sponsors of those bills, Rep. Gary Click, R-Vickery, testified before the board Wednesday that he thinks the U.S. Department of Agriculture threatening to withhold federal lunch money dollars for noncompliance is the action of a bully.

"The president wants to steal our kids' milk money to push this dangerous ideology on our state," Glick said. "Who steals milk money from kids? Presidents don't do that. Punks do that."

But several transgender students countered by saying the bullies are often their classmates and sometimes even their teachers and administrators.

Ember Zelch, a transgender high school senior, described how boys chucked balls at her head in gym class and even broke her finger.

"I understand that we are scary because we are some unknown creature," she said, "But I promise we are 10 times more scared of you."

Anna Staver 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.

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This article originally appeared on The Columbus Dispatch: LGBTQ and Title IX: Ohio's state school board punts vote on resolution