JCPS approves policies for how to implement SB 150 across school district
Jefferson County Public Schools has decided on how it will implement Senate Bill 150 across the school district.
The Jefferson County Board of Education met last month to consider two policies, but with there being disparity between board members, the discussion was tabled.
Senate Bill 150 was passed during this year's legislative session and bans gender-affirming care for minors, limits how gender identity and sexual orientation can be discussed in schools, along with requiring students to use restrooms and locker rooms based on their biological sex.
The first version of the policies to implement SB 150 would have complied with the law but included a disclaimer that the board believes the bill discriminates against students and causes them harm.
In the second version the board had been considering, JCPS would not enforce the bill because the district believes it violates the 14th Amendment in the U.S. Constitution, as well as protections under Title IX.
On Monday, the board approved a third version of policies for implementing SB 150. They voted 5-2 to approve the new policies.
This version of the policies includes the disclaimer that JCPS thinks the bill is discriminatory and causes harm, along with a statement saying that it may violate Title IX protections.
However, it includes several new provisions.
The new policy will require that a district has to eliminate instruction on human sexuality or STDs in grades 1-5, or it must "prohibit instruction with the goal or purpose of studying sexual orientation or gender identity."
Students will also not be barred from using a restroom reserved for a different biological sex, but with the written consent of a parent/guardian, schools are required to provide a restroom accommodation for transgender students. This could include giving them access to a single-stall restroom or a controlled-use faculty restroom.
There will also be three other areas that will require parental consent:
- Provision or referral of health or mental health services relating to human sexuality
- Curriculum and instruction relating to human sexuality
- Student completion of a well-being survey or health screening for research purposes
Teachers will also have new required procedures to encourage and facilitate discussion between a student and their parent/guardian about physical and mental health.
This newest version will retain the clause from version one that misgendering students may violate the Education Professional Standards Board Code of Ethics, if done repeatedly. Should this happen, it could constitute sexual harassment under Title IX.
At the previous meeting, board member Chris Kolb introduced a resolution that reaffirms transgender students and the district's commitment to their education. This was passed despite concerns from two board members who said it sounded like policy.
While the policy was set before the school year, board members say it will likely change as they get further guidance from the federal government.