LOUISVILLE, Ky. — Kentucky school districts now have the guidance they've been waiting for to move forward with a controversial law out of Frankfort.
Monday, the Kentucky Department of Education (KDE) released its recommendations on Senate Bill 150.
The anti-trans law bans gender-affirming care, both surgical and non-surgical procedures, such as puberty blockers. If care is provided healthcare workers will lose their licenses.
Other rules school districts must follow:
- districts must create explicit bathroom policies
- teachers can't discuss sexual orientation or gender identity with students, regardless of age
- the district must notify parents of mental health services related to sexuality
The guidance is broken up into three sections.
Section one
In section one, the KDE said "districts should be prepared to provide comprehensive notice of the health services and mental health services available to students upon enrollment."
The guidance also stated districts “should develop procedures for notifying families of referrals to health services or mental health services by a teacher."
However, the KDE noted some confusion with a line that reads: "A district or school shall not adopt policies or procedures with the intent of keeping any student information confidential from parents."
The department said this goes against FERPA policies for eligible students and advises districts to comply with FERPA if there is conflict.
KDE also said it can no longer provide guidance related to requested pronouns but reminded districts to remain aware of Title IX regulations.
Section two
Section two addresses the curriculum.
KDE said fifth graders can no longer learn about reproductive body parts, and physical, social and emotional changes that occur during puberty.
Also, no student, regardless of grade level, can learn about gender identity, gender expression or sexual orientation.
Section three
The final section is regarding restrooms, locker rooms or shower rooms.
The KDE guidance advises districts can no longer allow students whose biological sex that do not match to enter those spaces, but only after allowing public comment on the issue at an open meeting.
WHAS11 has reached out to several Kentucky school districts in our region, but some are still reviewing the guidance.
The ACLU of Kentucky has voiced its intention to take legal action.
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