LOUISVILLE, Ky. (WDRB) -- With Kentucky's ban on gender-affirming care in effect and a new school year about to begin, districts across the state are figuring out how to comply with the new law.

The Jefferson County Board of Education met Tuesday evening to discuss two draft versions of policies to consider as it figures out how Jefferson County Public Schools will follow Senate Bill 150.

The legislation bans gender-affirming care for transgender youth, bans schools from requiring staff to use a student's preferred pronouns, limits the teaching of certain sex-related topics and requires school policies on bathrooms, locker rooms and showers.

The first version of policies includes a statement of concern, written by the district, saying SB 150 targets transgender students. It follows guidance from the Kentucky Department of Education, which said based off of lawmakers' use of the word "or," districts can choose what part of the legislation to enforce. It also states that misgendering students may violate the Code of Ethics and constitute as sexual harassment. It also requires the use of bathrooms based on a student's biological sex, as reported by their parent or guardian.

The second version states that SB 150 violates federal laws, including Title 9. It said misgendering students violates the Code of Ethics and sexual harassment under Title 9. The second version leaves management of bathroom policies to schools, as has previously been the case.

Prior to Tuesday's board meeting, more than 50 people gathered outside the district's VanHoose Education Center in opposition of the legislation. Twenty-six of them then attended the meeting to share why they wanted the board to vote for the second draft version.

The board agreed to vote on the second version. But the vote was split with three voting in favor and three voting against. Ultimately, the board unanimously approved tabling a vote altogether with just three weeks left until the start of the 2023-24 school year on Wednesday, Aug. 9.

A policy has to be in place by Aug. 15, a deadline the district's legal counsel said still stands. 

Those fighting against SB 150 called the legislation bullying, and said it will cost children's lives.

"As parents, as teachers, as students, as community members, we reject SB 150. SB 150 is the hammerhead of a fascist authoritarian, far-right agenda that's coming after a very vulnerable population that has trans youth, especially trans youth of color, that will be impacted by this," said one protester.

JCPS, like many other districts, is struggling on policy as lawsuits challenging the new law play out in court, and as Attorney General Daniel Cameron and the Kentucky Department of Education offer differing opinions on what to do with it. 

Cameron called the Kentucky Department of Education's interpretation of the law "flawed," and that school districts need to implement the law as intended.  

The KDE issued guidance in June, saying lawmakers' use of the word "or" instead of "and" in some of the law's language meant districts could choose what to enforce. Cameron issued a 13-page opinion saying that guidance is wrong. He said districts don't have an option, and must enforce all parts of the law.

But Education Commissioner Jason Glass said in a statement that matters of opinion regarding law are not for Cameron to decide, but the courts, adding that lawmakers may also provide clarity in the next session if they want to correct anything.

JCPS' attorney told the board to wait for guidance from the U.S. Department of Education, which is expected in October.

This story may be updated.

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