House Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

UPDATE 02/22/2023 – This bill was passed amended by House
UPDATE 02/24/2023 – Referred to the Senate

House Bill 1608 Bans any discussion of same-sex couples or transgender people in K-3 classrooms or elementary schools. This would outlaw teachers with same-sex partners mentioning their family or students with two same-sex parents discussing their family at school. Would ban children’s books like “Tango Makes Three” about same-sex penguin couples having a child.

Updated Analysis – Drastic alterations to the bill target trans children in schools, including allowing bullying, harassment by students and staff and outing gender non-conforming students to Parents.

House Bill 1608
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Jake Teshka, Rep. Chris Jeter, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jeff Raatz, Sen. Gary Byrne.

Original DIGEST
Sexual orientation and gender identity instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 in which the goal or purpose of the instruction is to study, explore, or inform students about sexual orientation, gender identity, or certain other concepts. Defines “school” for purposes of this provision.

AMENDED DIGEST
Synopsis: Human sexuality instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 on human sexuality. Provides that a school employee or a school staff member is not prohibited from responding to a question from a student regarding certain topics. Provides that an employee or staff member of a school may only use a name, pronoun, title, or other word to identify a student that is inconsistent with the student’s sex if the student, who is an adult or an emancipated minor, or the parent of an unemancipated minor requests in writing the use of a specific name, pronoun, title, or other word to identify the student. Provides that a request must be submitted at the beginning of a school year. Requires a school to notify the parent of a certain student of a request made by the student to change the student’s name, pronoun, title, or other word to identify the student that is inconsistent with the student’s sex. Provides that a school may not discipline an employee or staff member of the school for using a name, pronoun, title, or other word to identify a student that is consistent with the student’s legal name.

Actions for House Bill 1608
H 02/24/2023 Referred to the Senate
H 02/23/2023 Senate sponsors: Senators Donato, Raatz, Byrne
H 02/23/2023 Third reading: passed; Roll Call 220: yeas 65, nays 29
H 02/22/2023 Second reading: ordered engrossed
H 02/20/2023 Committee report: amend do pass, adopted
H 01/19/2023 First reading: referred to Committee on Education
H 01/19/2023 Coauthored by Representatives Teshka, Jeter, Heaton
H 01/19/2023 Authored by Representative Davis

Link to local PDF File of the Introduced Bill: HB1608.01.INTR
Link to local PDF File of the House Roll Call Vote: HB1608.220_H-roll-call-vote

News References:

Source: – February 10, 2023

Continue ReadingHouse Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

House Bill 1346: Promoting harassment of gender non-conforming students

Update:

Students are not allowed to request that teachers or school employees or other students use a name that is different from their birth certificate, or any pronouns or gender identifiers that are different from their identified genitalia: “‘sex’ means an individual’s biological sex as either male or female: based on the individual’s genetics and reproductive biology at birth, including sex organs, chromosomes, and hormones.” For trans young people who have undergone a social gender transition, this forces them out of the closet. Parents of trans children will be deterred from moving to Indiana because they might be required to submit a birth certificate or genital inspection of their child. Any child who doesn’t conform to strict gender norms is subject to genital inspection or demands for documentation.

House Bill 1346
Authored by Rep. Jake Teshka.
Co-Authored by Rep. Joanna King, Rep. Martin Carbaugh, Rep. Timothy Wesco.

DIGEST
Gender fluidity. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student’s, employee’s, or individual’s biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student’s name on the student’s birth certificate. Creates an exception. Provides that a school may not require an employee or a staff member of the school to adopt, support, or promote gender fluidity.

Actions for House Bill 1346
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Coauthored by Representatives King, Carbaugh, Wesco
H 01/17/2023 Authored by Representative Teshka

Link to PDF File of Introduced Bill: HB1346.01.INTR

Continue ReadingHouse Bill 1346: Promoting harassment of gender non-conforming students

Senate Bill 39 – Protecting LGBTQ youth in schools

From Chalkbeat article on bills affecting transgender students:

At least one prominent lawmaker pushed in the opposite direction. A bill by Senate Minority Leader J.D. Ford, a Democrat, would extend anti-discrimination protections at schools to students based on their gender identity and sexuality.

Ford’s legislation, Senate Bill 39, would add sexual orientation and gender identity to state law prohibiting discrimination in public schools, which currently includes disability, race, color, gender, national origin, religion, and ancestry.

The bill would prohibit segregation based on sexual orientation and gender identity, and ban schools from denying students admission on that basis. It would also prohibit discrimination in hiring teachers based on their sexual orientation or gender identity.

More about Senate Bill 39:

Senate Bill 39
Authored by Sen. J.D. Ford.

DIGEST
Equal educational opportunity. Extends certain antidiscrimination educational rights statutes to prohibit discrimination based on sexual orientation and gender identity.

Actions for Senate Bill 39
S 01/09/2023 First reading: referred to Committee on Education and Career Development
S 01/09/2023 Authored by Senator Ford J.D.

Link to downloadable PDF of Introduced bill SB0039.01.INTR

Continue ReadingSenate Bill 39 – Protecting LGBTQ youth in schools

Kentucky legislature files House Bill 30 invading privacy of transgender students

Author: whas11.com
Published: 5:14 PM EST January 9, 2023

House Bill 30 filed with the Kentucky State Legislature would invade student privacy by forcing students to use bathroom facilities of the gender they were assigned at birth.

Kentucky House Bill 30
Actions
Last Action 01/03/23: to Committee on Committees (H)
Title AN ACT relating to public school facilities and declaring an emergency.
Bill Documents Introduced
Bill Request Number 384
Sponsors B. Wesley, J. Hodgson

Summary of Original Version
Create new sections of KRS Chapter 158 to define terms; establish legislative findings; ensure that student privacy exists in school restrooms, locker rooms, and shower rooms; require students born male to use only those facilities designated to be used by males and students born female to use only those facilities designated to be used by females; require schools to provide the best available accommodation to students who assert that their gender is different from their biological sex; identify consequences for using facilities designated for the opposite biological sex; EMERGENCY.

Index Headings of Original Version
Courts, Circuit – Student privacy rights, claims filed concerning
Education, Elementary and Secondary – Student privacy, ensuring
Effective Dates, Emergency – Student privacy, ensuring
Teachers – Privacy of students, ensuring
Children and Minors – Student privacy
Civil Actions – Student privacy

Continue ReadingKentucky legislature files House Bill 30 invading privacy of transgender students

IYI – Helping Hoosier LGBTQ youth to thrive

Helping Hoosier LGBTQ youth to thrive

From Indiana Youth Institute – Helping Hoosier LGBTQ youth to thrive

By Tami Silverman

Throughout the pandemic, we repeatedly have been reminded about the crucial role that teachers and youth workers play in creating affirming and supportive environments for our kids. This month, as we celebrate LGBTQ History Month, we highlight the impact educators have in ensuring that LGBTQ+ students feel protected and empowered.

As of September 2020, Indiana was home to 43,000 LGBTQ+ youth ages 13 to 17, including more than 3,000 transgender youth. Two out of three Indiana LGBTQ students hear their families make negative comments about LGBTQ+ people. Furthermore, our LGBTQ+ youth of color, due to their intersecting identities, often face additional stress and adverse impacts on their health and well-being.

Students spend large amounts of time at school, surrounded by teachers, counselors, administrators, support staff, coaches, and many other adults. Our LGBTQ+ students look to each of these individuals for signs of understanding and caring.

Indiana Youth Institute recently released a three-part series of data reports, including Supporting LGBTQ+ Youth in Schools. Research in the report highlights how LGBTQ+ students in schools with more positive school climates were at lower risk of suicidality and reported fewer depressive symptoms. Schools that intentionally build and sustain environments free of bullying, name-calling, or harassment report fewer skipped classes, missed days of school, and lower dropout rates. Schools that provide caring environments find that more LGBTQ+ students report being open about their identity at school.

Both the Indiana State Teachers Association (ISTA) and the National Education Association (NEA) have tools and training to ensure that students that identify as LGBTQ+ receive the support they need to succeed and thrive. ISTA stresses the importance of providing students a larger, more inclusive world context, aiming to increase understanding and a wider sense of belonging. The ISTA website spotlights the origins and importance of LGBTQ History Month, specifically addressing gaps and inequities. It also provides a link to Learning for Justice, a site providing both information and a guide to creating classroom learning plans.

NEA’s website also provides actionable resources grounded in the stance that educators are often on the leading edge of efforts to build lasting support for LGBTQ+ student rights. 5 Things Educators Are Doing To Support LGBTQ Rights Now:

  • Fostering Safe and Affirming Schools for All Students
  • Helping to Shape LGBTQ-inclusive Curriculum and Textbooks
  • Training Other Educators to Raise their Voices for LGBTQ Students
  • Backing Legislation That Supports LGBTQ Students’ Rights
  • Supporting School Naming Initiatives That Honor Legacies of LGBTQ Activists & Leaders

School staff are critical allies of our LGBTQ+ youth. Ninety-seven percent of students identifying as LGBTQ+ reported at least one supportive school staff member, and 55% could identify six or more supportive educators in their school. Nearly half of LGBTQ students state having access to Gay Straight Alliance clubs, or similar student groups, that bring together LGBTQ+ and allied youth to build community and positive school environments.

Schools around the state and country are adopting programs, policies, and initiatives that address LGBTQ+ bias, bullying, harassment, and discrimination. Educators, youth workers, indeed, all of us, can benefit from continued professional education on LGBTQ+ student issues, ideally including feedback directly from students and families. The benefits of these efforts are clear. By uniting around students that identify as LGBTQ+, educators, youth workers, parents, and students uphold our vision of communities where all students can learn and thrive.

For more context, key data, and recommendations to support LGBTQ+ youth in schools, the child welfare system, and through mental and physical health, find our Supporting LGBTQ+ Youth at About the Indiana Youth Institute:

For over three decades, Indiana Youth Institute (IYI) has supported the youth services field through innovative trainings’, critical data, and capacity-building resources, aiming every effort at increasing the well-being of all children. To learn more about IYI, visit www.iyi.org, follow us on Facebook or Twitter.

Tami Silverman is the president and CEO of the Indiana Youth Institute. She may be reached at “mailto”iyi@iyi.org or on Twitter at @Tami_IYI.

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Indiana School Sued Over Treatment Of LGBT Student Group

From WFYI/ Associated Press – Indiana School Sued Over Treatment Of LGBT Student Group

PENDLETON, Ind. (AP) — An Indiana school district was sued Wednesday by the American Civil Liberties Union after a group that supports LGBT students said it has been barred from promoting its meetings.

The free speech rights of the Gay-Straight Alliance at Pendleton Heights High School are being violated along with other laws, the lawsuit alleged.

“The differential treatment aimed at Pendleton Heights Gay-Straight Alliance by administrators is unwarranted and these students must be treated in the same manner that all other student groups are treated,” said Kit Malone, advocacy strategist at ACLU of Indiana.

A message seeking comment was left with the superintendent of the South Madison Community School Corp.

The principal at Pendleton Heights High has barred the group from advertising on school bulletin boards or anywhere else on school property, according to the lawsuit.

The group is “severely hindered in its beneficial function to be a place of shelter, support and education, not just for gay, lesbian, transgender and non-binary students, but for all Pendleton Heights High School students,” the lawsuit states.

Continue ReadingIndiana School Sued Over Treatment Of LGBT Student Group