Creating an inclusive, welcoming, and supportive environment for all students, including LGBTQ+ students, is crucial for their overall well-being and academic success. In Ohio, schools can play a key role in fostering a safe and respectful environment for every student. Ohio House Bill 68 (HB 68) introduces new requirements that could affect current school practices.
Schools must seek to balance inclusive practices with state laws and their support of LGBTQ+ students. House Bill 68 is currently in effect, however, the law was challenged by transgender students with support from the ACLU of Ohio. It was subsequently deemed constitutional by the Franklin County Court of Common Pleas. However, this ruling was appealed to the Tenth District Court of Appeals, and on September 11, 2024, the ACLU of Ohio presented oral arguments as part of an appeal process.
Key HB68 Requirements and Considerations for Schools
Ban on Gender Affirming Healthcare for Minors
Prohibition of Medical Treatments: HB 68 prohibits minors from receiving gender-affirming medical treatments such as puberty blockers, hormone therapy, or surgeries that facilitate gender transition. Moreover, the bill prohibits mental health professionals from diagnosing or treating a minor with a gender-related condition without prior consent from the student’s legal guardian.
Role of Schools in Compliance: Schools may need to adapt how they handle discussions around gender identity and student health, ensuring that they comply with the law while remaining sensitive to student needs.
Participation in School Sports
Biological Sex Requirement for Sports: Students must participate in school athletic teams based on their biological sex assigned at birth, not their gender identity.
Verification of Biological Sex: Schools may need to establish procedures for verifying a student’s biological sex, which could involve requesting official documentation. Schools should handle these processes carefully to ensure compliance while respecting student privacy.
Legal Responsibilities for Schools
Policy or Practice Alignment: Schools may need to update their policy or practices to ensure they align with HB 68.
Staff Training and Awareness: School staff may need training to understand the requirements of the law and how it impacts their roles in supporting students and complying with the legislative requirements.
Monitoring Legal Developments
Legal Challenges: Schools should stay informed about any legal decisions that may impact compliance with the law.
Strategies to Maintain Support for All Students
1. Maintain Inclusive Anti-Bullying Policies
Schools are still required to protect all students from bullying and harassment under federal law, including Title IX. Schools should enforce anti-bullying policies for all students including those who identify as LGBTQ+.
2. Create Safe and Confidential Spaces
Schools can establish designated safe spaces for students where they can freely share their experiences and connect with others. Peer support groups can continue to provide students with a sense of community, helping them navigate their identity in a safe environment. One local example is the Lakewood City School District’s student-run “Be You Club.” While not exclusive to LGBTQ+ students, the club supports students as they strive to be true to their own identities and respect those of their peers.
3. Support Mental Health Services
Recognizing that any student in the district may have mental health needs, it is important for schools to ensure access to supports that promote overall well-being. Providing information about available resources and fostering an environment where students feel comfortable seeking help can significantly contribute to their mental well-being. By connecting students with external support organizations, schools can play a crucial role in helping them access the assistance they may need to thrive.
4. Foster Inclusive Dialogue
Schools can promote inclusivity by encouraging respectful dialogue on diversity and inclusion. Teachers can focus on creating a respectful environment that honors all students' experiences. The Lakewood City Schools, in partnership with their mental health agencies, provide presentations that encompass experiences and attributes that might inform how students view themselves, including culture, religion, race, identity, and languages spoken.
Ultimately, schools can still prioritize the creation of a safe and supportive environment for all students while navigating HB 68 requirements. By fostering an inclusive and welcoming school climate, schools can ensure that every student feels valued and understood.
The Path Forward
Professionals and individuals should anticipate potential changes or clarifications to requirements as legal court proceedings are ruled upon and clarification is sought around implementation. To help it you stay informed, you can refer to the Legislative Guide and Resource Tool created by the Student Wellness Department.
Professionals are also encouraged to seek guidance from their respective boards or organizations, such as the Buckeye Association of School Administrators (BASA), National Association of Social Workers (NASW) or the National Association of School Psychology, as well as district legal counsel. The ESC of NEO will host a professional development session titled, "Navigating New Laws: HB 68," facilitated by NASW on November 8, 2024. Please see the flyer for more information.
A special thank you to Tina Karp, Coordinator of Mental Health Resources in the Lakewood City School District, for sharing information on the district’s support for all its students and specifically those who identify as LGBTQ+.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For more information, contact Student Wellness Coordinator, Denise Pietrzak at [email protected].