LOUISVILLE, Ky. (WDRB) -- The impact of Senate Bill 150 is already being felt as Kentucky school districts have to overhaul their curriculum to comply with new bans on sex education, gender identity, and student pronouns.
There is still some confusion surrounding the new law -- specifically questions about student privacy and whether the new law violates federal protections for trans people.
The Kentucky Department of Education is accustomed to helping guide school districts, but when it comes to Senate Bill 150, Commissioner Jason Glass said "the legislature put in place some provisions where we're not allowed to explain certain aspects."
The KDE did release a document with some guidance for complying with SB 150. It highlights possible legal complications and advises if the state law challenges federal law, districts should follow federal.
"We're just at the very beginning and trying to sort out what these laws prohibit," Glass said.
Senate Bill 150 bans lessons on sex-related topics like STDs and puberty until 6th grade. Right now, those topics are typically addressed in 5th grade.
Glass said that means "schools will need to think about how they can connect students or other supports or information about that, because it cannot be provided in school. So this would be a long standing shift."
Ky Dept of Education released its guidance on SB 150. It bans puberty talks and sex ed until 6th grade. Bans ALL talks in school on gender identity and sexual orientation. Commissioner Glass warns districts need to work with their legal counsel bc this will be tricky. @WDRBNews pic.twitter.com/IJ0NzxaaZ1
— Monica Harkins WDRB (@MonicaHarkinstv) April 18, 2023
Additionally, parents must be notified under the law when those subjects come up in 6th grade.
Topics related to gender identity and sexual orientation are totally banned, regardless of the student's age.
"So just because the legislature has prohibited support or discussion around certain topics, they're still out there," Glass said. "And so, a body of federal law exists around that. There are constitutional rights that are at stake."
Rights like freedom of speech.
The new law also addresses student's pronouns and which bathrooms and locker rooms trans students can use.
Glass warns this too could be subject to a lawsuit.
"School districts are going to have to work closely with their counsel, their attorneys, on what they think this means. And then ultimately, because of the ambiguity that this creates, we're going to have to wait and see how this has settled in courts."
As far as student questions, based on the KDE's interpretation, it seems educators can respond to student questions but any further elaboration will be limited.
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