LOUISVILLE, Ky. (WDRB) -- A Kentucky senator has filed a bill related to education he said will "strengthen communication and parent empowerment." But some argue it puts children in the middle of a political fight.

Sen. Max Wise, R-16, who is running for lieutenant governor, filed Senate Bill 150 Wednesday afternoon in Frankfort.

Max Wise

Kentucky Senator Max Wise (R-District 16)

Wise said the bill ensures curriculum transparency regarding the subject of human sexuality, ensures notifications of health services offered and recommended by schools, and provides first amendment protections to both staff and students. 

Under the bill, districts would have to provide parents with notification of health and mental health services available and the parent will have the right to consent or decline any specific services.

It would also prevent the Kentucky Department of Education (KDE) and the Kentucky Board of Education (KBE) from recommending or requiring policies to keep students' information confidential from parents.

Senate Bill 150 would require schools offering any course, curriculum, or program over the subject of human sexuality to provide written notice to parents at least two weeks prior to student's participation. A parent may allow their student to opt out, and an alternative assignment would be required.

Part of this bill also addresses students' pronouns.

Senate Bill 150 reads, "The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend policies or procedures for the use of pronouns that do not conform to a student's biological sex as indicated on the student's original, unedited birth certificate issued at the 15 time of birth pursuant to KRS 156.070(2)(g)2."

It continues, "A local school district shall not require school personnel or students to use pronouns for students that do not conform to that particular student's biological sex as referenced in paragraph (b) of this subsection."

The bill drew criticism on the senate floor Wednesday afternoon.

Karen Berg

Kentucky Senator Karen Berg (D-District 26) (Courtesy: KET)

Sen. Karen Berg, D-District 26, spoke in opposition of the proposed bill.

"I am going to make an open plea to the members of this body that we avoid politicizing issues that are literally killing our children," Berg said. "I beg my colleagues to think what is a real social political issue and what we are intentionally creating." 

Berg's transgender son died by suicide in December 2022. When he died, she said "lack of acceptance took a toll on Henry. He long struggled with mental illness, not because he was trans but born from his difficulty finding acceptance."

While introducing the bill on the senate floor Wednesday afternoon, Wise criticized the KDE and commissioner Dr. Jason Glass for providing guidance for school staff's consideration when using students' preferred names and pronouns.

On Tuesday, Glass testified before the House Education Committee over teacher retention and recruitment.

Rep. Shane Baker, R-District 85, asked Glass what he would tell teachers who refuse to follow recommended guidance. In Part, Glass said "The teacher may find another place to work and it's dependent on the policies the district has when it comes to preferred names and how to handle that situation." 

"Imagine the concern of educators and parents who recently heard this message from our top education official," Wise said. "This type of 'woke' thinking permeating our classrooms is certain to worsen recruitment and retention and will only further erode the public's trust in our public education system." 

In response to Wise's criticism, KDE spokesperson Toni Konz Tatman said in a statement:

"In Commissioner’s Glass’ testimony to the House Education Committee on Tuesday, he stated if a teacher could not follow a district’s guidelines, they should find employment elsewhere. This is the same advice that applies to any employee in any industry.

The Kentucky Department of Education does not have authority to set curriculum, select instructional materials or mandate guidelines for how districts respond to students who are LGBTQI+, but we are aware that these are situations facing schools and educators on a daily basis. 

It is necessary that the department be able to provide ongoing support and guidance to all Kentucky school districts as they face situations that are unique to their local context. 

The guidance produced by KDE gives administrators and educators information to consider when a district is devising its own policy, but this is guidance only. KDE’s guidance on this issue is rooted in evidence-based best practices, which are cited directly in the document and is designed to promote the health and safety of all students.

Putting forth policies aimed at cruelty and harm toward marginalized groups has no place in our democracy."

Part of the recommended KDE guidance issued September 2022 on whether if it is appropriate for a school to disclose sexual orientation or gender identity to parent or caregiver, KDE recommends, "In some instances, it may be appropriate for school leaders to disclose sexual orientation or gender identity to a parent/caregiver. Whenever possible, schools should seek to avoid an involuntary disclosure by providing support to students and encouraging them to self-disclose when they feel safe to do so. An involuntary disclosure may be necessary in instances where immediate concerns for the health and safety of the student outweigh the longer-term concerns posed by an involuntary disclosure."

Senate Bill 150 is on the agenda to be discussed at Thursday's Senate Standing Committee on Education.

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