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Kentucky Education department cites potential conflicts with federal law in new Senate Bill 150 guidance

A protester shows her opposition to Kentucky Senate bill SB150, known as the Transgender Health Bill outside the Senate chamber at the Kentucky State Capitol in Frankfort, Ky., Wednesday, March 29, 2023. (AP Photo/Timothy D. Easley)
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A protester shows her opposition to Kentucky Senate bill SB150, known as the Transgender Health Bill outside the Senate chamber at the Kentucky State Capitol in Frankfort, Ky., Wednesday, March 29, 2023. (AP Photo/Timothy D. Easley)

The Kentucky Department of Education has released guidance for school districts as they implement a host of new state-backed rules surrounding transgender students and sex education.

"Obviously, it's a lot to unpack," Brian Perry with the education department acknowledged last week, as he reviewed new legislation affecting schools.

Now districts are getting a first look at the department's guidance.

Education Commissioner Jason Glass, a strong opponent of the measure, notes in the document that it may leave "lots of questions" – ones that may ultimately have to be resolved by the courts.

On curricula, the guidance advises schools to suspend fifth grade level instruction on reproductive body parts and puberty-related changes. No instruction on “gender identity, gender expression, or sexual orientation” would allowed across all grade levels.

Regarding student privacy, the guidance notes the law’s prohibition on policies that keep student information confidential from parents could conflict with federal privacy law.

The document provides even fewer guideposts when it comes to provisions that bar schools allowing transgender students access to bathrooms and locker rooms that don’t align with their “biological sex” or instituting rules that would mandate teachers use students’ preferred pronouns.

Activists were on hand at the Capitol Tuesday, in part to protest SB 150. Protest organizer Liv Herren told WKYT the bill will have negative consequences downstream.

"Not only will that breed a lot of hate and ignorance toward LGBTQ youth, it's really detrimental to their mental health and their physical well-being," she said.

Supporters of the bill argue it’s meant to bolster parental rights and protect children.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.