The opinion from the state’s leading law enforcement official is the only the latest chapter in the story of SB 150 – one of, if not the, most debated bills of the 2023 legislative session. The far-reaching measure barring gender transition services for minors and ushering in a host of new rules for schools surrounding gender-related issues has prompted both a court challenge and a controversial interpretation by the state education department.
It's that interpretation – hinging on a single word – that Cameron says runs counter to lawmakers’ intentions. The KDE zeroed in on the use of the word “or” in a provision bill drafters say was meant to require schools to make two changes to curricula: eliminating any sex ed from grades 5 and below and barring any lessons exploring gender identity or sexual orientation at any grade level. The education department said the bill allowed schools to choose between the two new rules.
In his opinion, Cameron, who is also the Republican candidate for governor, says the KDE’s reading would render part of the statute meaningless creating “an absurd result.”
It’s an opinion anticipated by Fayette County school leaders. While the board did opt to include only one of the provisions, Superintendent Demetrus Liggins said the KDE guidance on the bill isn’t expected to stand.
"We fully anticipate that at a future time action will be taken so that the 'or' will become a 'nor' and the line we are striking tonight will be added in," he said ahead of a recent school board vote on updated policy.
Cameron’s decision doesn’t have the force of law, but it could play a role in overturning the guidance.
Bill opponents recently won a victory in court, with a judge blocking enforcement of the gender-related care section while the matter is litigated.
