Transgender student resolution vote by Ohio school board moved to December

Ohio School Board member Brendan Shea of London discusses his proposed resolution opposing changes to Title IX that would dismantle protections for transgender students at the September 2022 state board of education meeting. Photo courtesy of The Ohio Channel

Ohio School Board member Brendan Shea of London discusses his proposed resolution opposing changes to Title IX that would dismantle protections for transgender students at the September 2022 state board of education meeting. Photo courtesy of The Ohio Channel

Ohio’s State Board of Education plans to vote on a controversial resolution on transgender policies in December, after a group of conservative members of the board on Tuesday attempted to move the resolution forward.

The state board resolution opposes a pending federal regulation that would protect transgender students from discrimination under Title IX. Those protections had been policy under president Barack Obama but were repealed during president Donald Trump’s tenure.

The U.S. Department of Education’s new proposed changes would withdraw federal funding, including funding for school lunches, from schools that discriminate against those students.

Jenny Kilgore, a state school board member from Warren County who proposed moving the Ohio opposition resolution forward, argued the matter was urgent.

“It’s been considered for three months and I think that the people who have come and driven across Ohio to attend our meetings would like resolution,” Kilgore said.

Members who opposed voting on it earlier said an ongoing lawsuit on the matter from the Ohio Attorney General and others meant there was no urgent matter at hand, especially since the federal regulation is not set yet. The board’s amended resolution, from Mike Toal of Sidney, also supports the AG’s lawsuit and local control of schools.

“If we vote today, if it passed today, what’s gonna happen?” said Meryl Johnson, a state board member from Cleveland. “Nothing’s gonna happen, because the expansion has not been set in stone.”

Board member Brendan Shea, who represents Greene and Clark counties, among others, initially proposed the state board resolution opposing the federal protections. Toal’s amendment of Shea’s resolution was similar, except it did not provide replacement money to schools who did not want to comply with the federal government’s policies.

Shea’s resolution, proposed in September, is written specifically to oppose regulations protecting transgender students, though the U.S. Department of Education’s proposed guidelines involve all LGBTQ+ youth.

Critics of Shea’s resolution, including transgender youth and their families, testified at the past three Ohio Board of Education meetings, arguing the resolution would allow public schools to discriminate against them and would force schools to “out” kids who didn’t feel comfortable telling their parents they were transgender or nonbinary. They also noted definitions in Shea’s resolution around sex and gender that are incorrect according to the American Academy of Pediatrics.

Proponents of Shea’s resolution, including some religious and conservative groups, argued the resolution allowed for local control and the ability of parents to track their kids.

Five different policies have been proposed to the state board so far on the topic of transgender students, and four of those five similarly oppose the proposed Title IX regulations.

Last week, the Dayton Board of Education became one of a string of Ohio school boards who adopted a resolution opposing the State Board of Education’s proposed policies.

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