LOUISVILLE, Ky. — The Jefferson County School Board has approved a policy to implement the anti-trans law, Senate Bill 150.
The board met Monday, during and emergency meeting, to discuss a third way of implementing the law, two days before classes begin.
Senate Bill 150 requires districts to either get rid of instruction on human sexuality of sexually transmitted diseases (STDs) in first through fifth grade or ban instruction on studying sexual orientation or gender identity.
Students also aren't allowed to use bathrooms that don't align with their biological sex unless parents or guardians give written consent. Students would then be given access to a single-stall restroom or gender-neutral bathroom.
Version one includes language that the district is concerned about, the provisions in the law, and warns certain provisions may violate Title IX.
In this new version, they added an exception relating to restrooms for students who have gender dysphoria as they "may have a disability under Section 504 or IDEA."
They also made a change related to the misgendering of students saying the "intentional, repeated, and ongoing misgendering of a student may violate the Education Professional Standards Board (EPSB) Code of Ethics and constitute sexual harassment under Title IX" and the employee may be subjected to disciplinary action by EPSB.
JCPS lawyers said the district has the legal capability to recommend employees to EPSB for disciplinary action, but can't discipline employees themselves.
Both versions include a Statement of Concern about the negative consequences of the law and say that misgendering students may violate Code of Ethics and can be considered sexual harassment under Title IX.
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