HOUSE BILL 8
Summary of House Bill 8
|
SPONSOR(S)
Rep. D.J. Swearingen (District 89) Rep. Sara Carruthers (District 47) TARGETS K-12 School Districts LGBTQ+ students and families DESCRIPTION Requires parental notification about any changes to their student's mental, physical, or emotional being; requires parental notification about "sexuality" content; "sexuality" content is coded language for LGBTQ+ identities and experiences |
COMMITTEE
Senate Education Committee INTRODUCED February 15, 2023 TESTIMONY Read Testimony | Watch Hearings Sponsor Testimony, Co-Sponsor BILL General Info | As Passed by House | Analysis Amendment 1 | Amendment 2 |
What does House Bill 8 do?
Defines "biological sex" as the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and unambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender
Defines "sexuality" as any oral or written instruction, presentation, image, or description of sexual concepts or gender ideology
Defines "Student's mental, emotional, or physical health or well-being" as
Requires school districts create a policy about "sexuality" content
Requires school districts create a policy about a student's mental, emotional, physical health and healthcare services
Defines "sexuality" as any oral or written instruction, presentation, image, or description of sexual concepts or gender ideology
- "Sexuality" does not mean instruction or presentations in venereal disease education, child sexual abuse prevention, and sexual violence prevention education
Defines "Student's mental, emotional, or physical health or well-being" as
- academic performance
- any sickness, physical injury, or psychological trauma suffered by a student
- any pattern of bullying or harassment by or against a student in violation of school district policy
- any request by a student to identify as a gender that does not align with the student's biological sex
- exhibition of suicidal ideation or persistent symptoms of depression, severe anxiety, or other mental health issues
Requires school districts create a policy about "sexuality" content
- School must ensure that any "sexuality" content for instruction or discussion is age-appropriate and developmentally appropriate
- School must notify a parent of any material containing "sexuality" content prior to its usage, and identify the content
- Upon request of the student's parent, school must excuse a student from instruction that includes "sexuality" content and be permitted to take an alternative class
Requires school districts create a policy about a student's mental, emotional, physical health and healthcare services
- District must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children
- District must notify parent of any change in the student's services , including counseling services, or monitoring related to the student's mental, emotional, or physical health or well-being or the school's ability to provide a safe and supportive learning environment for the student
- Prohibit district from preventing parental access to the student's education and health records maintained by the school
- Prohibit district personnel from directly or indirectly encouraging a student to withhold from a parent information concerning the student's mental, emotional, or physical health or well-being, or a change in related services or monitoring
- Notify parents at the start of each school year about the each health care service offered at their student's school and their option to withhold consent or decline any specified service
- Parental consent to health care services does not waive the parent's right to access the parent's student's educational or health records or to be notified about a change in the student's services or monitoring
- Allow parents to file a written concern with the school about topics in the bill; notify parents of this permission; and establish a process to resolve the concern within 30 days of its receipt
Want to learn more about the processes that already govern explicit content and parental notification in Ohio?
|
Public schools must establish policies on parental involvement in schools that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools. MORE |
School districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula. MORE |
Learn more about what happens if a student comes out at school on our Know Your Rights page.
What is our position on House Bill 8?
OPPOSE
The Unsafe Students Act creates dishonesty in education.
The proposed language would decrease access to medically accurate sex education, which local schools may be providing to their students. The bill does not require a standard of medical accuracy in the instructional materials used in high schools across the state.
The vague definitions in this bill are a gateway for censorship.
The intentionally vague definition of "sexuality" is a politicized dog whistle targeting gender identity, sexuality, and diverse family dynamics and relationships.
Ohio already has regulations that govern parental notice, review, and opting out of instruction.
Public schools are already required to establish policies that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools MORE. Districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula MORE.
The “oversight” outlined in this bill could create a culture of intimidating or targeting educators.
This bill foments division and distrust of educators and creates a pipeline for the community to micromanage educators. It is important for students and families to have safe, trusted relationships with educators and leaders.
This could add significant strain and tension in an already strained and tense education system.
Our education system is facing incredible challenges right now: a state-wide teacher shortage, COVID-related learning loss, under-funding, the need for mental health services for students, not to mention the fear & trauma caused by recent gun violence incidents.
The language in the Unsafe Students Act is harmful to LGBTQ+ students.
Requiring a district to report "changes to a student's mental, emotional, or physical health or well-being" to a parent is code for requiring districts to out LGBTQ+ students to their family. Sharing this deeply personal information without student consent can be traumatizing and dangerous for the student. Schools must remain a safe, trusted space for students and educators. This vague standard goes against the Whole Child Framework of the Department of Education, which emphasizes “equity and [the] specific needs of individual students" as one of the core tenets of our strategic plan for education.
Federal level leaders have roundly rejected this type of legislation.
Legislation similar to the Unsafe Students Act was introduced in Congress, where even conservative legislators disagreed with its intent and scope. The White House has specifically noted that this type of legislation puts LGBTQ+ students at greater risk, politicizes education, and fails to deliver the resources that schools and families need.
The proposed language would decrease access to medically accurate sex education, which local schools may be providing to their students. The bill does not require a standard of medical accuracy in the instructional materials used in high schools across the state.
The vague definitions in this bill are a gateway for censorship.
The intentionally vague definition of "sexuality" is a politicized dog whistle targeting gender identity, sexuality, and diverse family dynamics and relationships.
Ohio already has regulations that govern parental notice, review, and opting out of instruction.
Public schools are already required to establish policies that allow parents to be actively involved in their children’s education and maintain “consistent and effective” communication between parents and their children’s schools MORE. Districts must establish a parental advisory committee or some other strategy to enable parental review of instructional materials and academic curricula MORE.
The “oversight” outlined in this bill could create a culture of intimidating or targeting educators.
This bill foments division and distrust of educators and creates a pipeline for the community to micromanage educators. It is important for students and families to have safe, trusted relationships with educators and leaders.
This could add significant strain and tension in an already strained and tense education system.
Our education system is facing incredible challenges right now: a state-wide teacher shortage, COVID-related learning loss, under-funding, the need for mental health services for students, not to mention the fear & trauma caused by recent gun violence incidents.
The language in the Unsafe Students Act is harmful to LGBTQ+ students.
Requiring a district to report "changes to a student's mental, emotional, or physical health or well-being" to a parent is code for requiring districts to out LGBTQ+ students to their family. Sharing this deeply personal information without student consent can be traumatizing and dangerous for the student. Schools must remain a safe, trusted space for students and educators. This vague standard goes against the Whole Child Framework of the Department of Education, which emphasizes “equity and [the] specific needs of individual students" as one of the core tenets of our strategic plan for education.
Federal level leaders have roundly rejected this type of legislation.
Legislation similar to the Unsafe Students Act was introduced in Congress, where even conservative legislators disagreed with its intent and scope. The White House has specifically noted that this type of legislation puts LGBTQ+ students at greater risk, politicizes education, and fails to deliver the resources that schools and families need.
Follow & Support LGBTQ+ Organizations:
Equality Ohio, TransOhio, Kaleidoscope Youth Center, LOVEBoldly, Trans Allies of Ohio, Diversity Center of NEO, Equitas Health, Trevor Project, Human Rights Campaign, The Buckeye Flame, PFLAG CLE
Equality Ohio, TransOhio, Kaleidoscope Youth Center, LOVEBoldly, Trans Allies of Ohio, Diversity Center of NEO, Equitas Health, Trevor Project, Human Rights Campaign, The Buckeye Flame, PFLAG CLE
TAKE ACTION
HOW TO SUBMIT TESTIMONY
**DO NOT SEND TESTIMONY UNTIL THE APPROPRIATE HEARING IS ANNOUNCED**
STEP 1:
PREPARE YOUR TESTIMONY
Read tips for preparing and submitting testimony HERE
STEP 2:
EMAIL TESTIMONY DOCUMENTS TO COMMITTEE
Email a PDF of your testimony & this completed Witness Slip to [email protected]
**IMPORTANT**
Do NOT send your testimony until the appropriate hearing is announced.
You must submit your testimony 24 hours ahead of the scheduled hearing.
Indicate in your email that you are submitting opposition testimony this bill and ask for a confirmation of receipt.
All testimony will be uploaded HERE
STEP 3:
ARRIVE EARLY FOR IN-PERSON TESTIMONY
Arrive at least 1 hour prior to the scheduled hearing
There is convenient parking in the Statehouse Parking Garage
Sign in on the witness roster in the hearing room