UPDATE: December 2022
​​The State Board of Education adopts Mike Toal's  
Resolution to Oppose the Proposed Changes to Title IX and to Affirm Parental Rights
​and Local Control of Ohio K-12 Education

​On December 13, 2022, the State Board of Education voted 10-7 to adopt an amended version of Mike Toal's Resolution to Oppose the Proposed Changes to Title IX and to Affirm Parental Rights and Local Control of Ohio K-12 Education. The amendment struck out the preamble, which defined sex as biological sex, the remainder of the resolution was untouched.

Per the adoption of the resolution, the state superintendent must send  a letter and copy of the resolution to all Ohio public schools 
The letter must indicate that:
  • The State Board opposes the proposed regulatory changes released by the U.S. Department of Education on June 23, 2022;  
  • The applicable USDOE guidance documents have been enjoined by a U.S. District Court and are, therefore, unenforceable at this time;
  • The State Board disagrees with the rule promulgated by the Department of Agriculture on June 14, 2022;
  • While this rule currently remains in effect, the Ohio Attorney General has joined with twenty-one other state attorneys general in seeking injunctive relief from the new USDA rule; and
  • This correspondence is intended to inform schools and districts, not to compel them to take a particular course of action.

​Read Letter HERE

​Vote Count for Adoption of Resolution: 10-7-1-1

YES: 10
​ Walt Davis
Diana Fessler
Sue Hackett
John Hagan
Kirsten Hill
Jenny Kilgore
Paul LaRue
Charlotte McGuire
Brendan Shea
​Mike Toal 
NO: 7
Melissa Bedell
​Christina Collins
Meryl Johnson
Martha Manchester
Tim Miller
Antoinette Miranda
Michelle Newman
ABSTAIN: 1
Mark Lamoncha 
​
​ABSENT: 1
Brandon Kern

Testimony
On Monday, December 12, 2022, more than 50 people were scheduled to present in-person testimony in December, nearly 100 submitted in-person testimony.  Since September, 308 people submitted written opposition, 159 presented in-person, and 32 Honesty partner organizations presented testimony.
Watch and read testimony here:​
September  Watch | Read
October   Watch | Read
November   Watch | Read
December   Watch | Read
 
​​Resolution to Oppose the Proposed Changes to Title IX and to
Affirm Parental Rights and Local Control of Ohio K-12 Education

.
​LGBTQ+ students have a right to a safe, welcoming learning environment that fosters growth and development. Recent updates to the US Department of Education's (USDOE) Title IX agency guidance reinforces these rights and shields LGBTQ+ students from harmful discrimination. Some State Board of Education leaders do not agree.

​After debating several proposed anti-LGBTQ+ resolutions and amendments since September 2021, State Board of Education members will vote on Mike Toal's Resolution to Oppose the Proposed Changes to Title IX and to Affirm Parental Rights and Local Control of Ohio K-12 Education at the December Board meeting. This resolutions is targeted discrimination against transgender, gender-diverse, nonbinary, and intersex students, and perpetuates misinformation and falsehoods about the LGBTQ+ community. The values and tenets of this resolution will incite further harassment, aggression, and violence toward an already vulnerable and marginalized group of students.

It is outrageous that elected and appointed state education leaders are seeking ways to violate federal anti-discrimination protections and further endanger Ohio students, rather than protect them.  Ill-guided State Board members are using this resolution as a vehicle to infuse their own narrow ideology and politics into public education.

The proposed resolution:
  • ​defines gender identity as biological sex;
  • does not recognize that federal anti-discrimination protections based on sex extend to gender identity and sexuality (see landmark decision of the US Supreme Court in Bostock v Clayton County;
  • does not recognize Title IX anti-discrimination protections extending to LGBTQ+ students;
  • opposes recent updates to the US Department of Education's Title IX agency guidance about complying with federal Title IX anti-discrimination protections for LGBTQ+ students;
  • sides with a lawsuit filed by the Ohio Attorney General, and 21 other attorneys general, suing the US Dept. of Agriculture for their rule requiring schools receiving federal nutrition funding must comply with federal anti-discrimination laws; 
  • asks the General Assembly to endorse and protect school districts that discriminate against LGBTQ+ students; and
  • requires the acting state superintendent send a letter to every Ohio public school district and every Ohio elementary or secondary school or preschool program licensed by the Department of Education receiving federal funds stating:
    • The State Board opposes the proposed regulatory changes released by the U.S. Department of Education on June 23, 2022  
    • The applicable USDOE guidance documents have been enjoined by a U.S. District Court and are, therefore, unenforceable at this time
    • The State Board disagrees with the rule promulgated by the Department of Agriculture on June 14, 2022
    • While this rule currently remains in effect, the Ohio Attorney General has joined with twenty-one other state attorneys general in seeking injunctive relief from the new USDA rule
    • This correspondence is intended to inform schools and districts, not to compel them to take a particular course of action

IMPORTANT: The Title IX agency guidance that the resolution opposes is NOT a change in law or a rule change. It is agency guidance issued by a federal agency that explains how participants in their federal program must comply with existing federal law.  The update restores the US DOE’s guidance installed by the Obama Administration, that was later revoked by the Trump Administration.  This restored guidance is correcting a mistake from the Trump Administration. 


​HOW DID WE GET HERE? 

In September 2022, Board Member Brendan Shea introduced his Resolution to Support Parents, Schools, and Districts in Rejecting Harmful, Coercive, and Burdensome Gender Identity Policies, which was a revised version of the original resolution scheduled for introduction to the Board. The resolution attempted to invalidate federal Title IX protections in schools for LGBTQ+ youth, spread harmful falsehoods about LGBTQ+ people, advocated that local school districts ignore the law, directed schools to out LGBTQ+ students, and banned transgender students from sports teams and restrooms that align with their gender. 

Since then, six resolutions have been introduced that combat or endorse Shea's harmful proposal. Members Dr. Antoinette Miranda and Vice President Martha Manchester submitted proposals advocating for the protection and affirmation of LGBTQ+ students. Members Mike Toal and President Charlotte McGuire submitted proposals doubling-down on Shea's transphobia and lawlessness. Resolutions below.

On November 14, the Executive Committee voted 5-2 to place Mike Toal's second resolution  on the Board's December Voting Agenda. ​

Read about previous meetings HERE.  Watch Board meetings HERE.​



Adopted December 2022
​
​​Resolution to Oppose the Proposed Changes to Title IX and to
Affirm Parental Rights and Local Control of Ohio K-12 Education

WHEREAS, the Ohio State Board of Education’s sacred oath of office is to uphold and defend the Constitution of the United States and the Constitution of the State of Ohio; and

WHEREAS, Title IX of the Education Amendments of 1972 was enacted into law based on the Declaration of Independence’s promise of equal rights to ensure that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Further, original and existing Title IX regulations acknowledge “physiological differences between the male and female sexes”; and

WHEREAS, on July 12, 2022, the U.S. Department of Education entered into the federal registry for public comment proposed regulatory changes to Title IX that contradict the plain language of the original law, illegally bypass the legislative process, and undermine the very protections for female students that Title IX sought to provide; and

WHEREAS, the proposed regulations would prohibit schools that receive federal funds from “adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity,” thereby compelling schools to deny biological reality; and

WHEREAS,the proposed regulations would potentially deprive federally funded educational institutions, employees, and students of their First Amendment right to free speech; and

WHEREAS, the proposed regulations pertaining to athletics would require sports teams to be based on gender identity rather than biological sex, causing biological women and girls to compete on an unfair basis against biological males. Further, schools would be required to grant access to sex-separate facilities based on gender identity rather than on biological sex; and

WHEREAS, the proposed regulations would effectively require K-12 schools to socially transition minor children to a different gender without requiring parental consent, involvement, or notification; and

WHEREAS, the Board acknowledges the pain experienced by those suffering with gender dysphoria and that decisions regarding the appropriate course of action for minor students experiencing symptoms of gender dysphoria rightfully belong in the hands of parents rather than the state; and

WHEREAS, Ohio law, the United States Constitution, and legal precedent recognize the right of parents to direct the education, upbringing, and physical and mental health of their children. In the 1972 case Wisconsin v. Yoder, the United States Supreme Court declared that the "primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition";now, therefore, 

BE IT RESOLVED, that the State Board of Education declares its emphatic support forTitle IX of the Education Amendments of 1972, considers the original and authentic meaning of the law to be a historical and continuing pillar in upholding the rights and opportunities of women and girls, and unequivocally opposes the proposed regulatory changes released by the U.S. Department of Education on July 12, 2022; and

BE IT FURTHER RESOLVED, that the Board supports the efforts of the Ohio Attorney General in safeguarding federal nutritional assistance for students in need, which may be in jeopardy due to new Department of Agriculture rules; and

BE IT FURTHER RESOLVED, that the State Board of Education calls upon the General Assembly to resist federal executive branch attempts to undermine the original intent of Title IX. The Board urges the General Assembly to safeguard the inviolable rights of parents, the innocence of children, the rights, privacy, safety, and opportunities of women and girls in schools and athletics, and local control of school districts as defined in Chapter 3313 of the Ohio Revised Code; and

BE IT FURTHER RESOLVED, that the Board directs the acting Superintendent of Public Instruction to issue, within twenty-one calendar days, a mailed copy of this resolution and a cover letter, approved by the Board president, to every Ohio public school district and to every Ohio elementary or secondary school or preschool program licensed by the Department of Education receiving federal funds. For public school districts, the cover letter and copy of this resolution shall be mailed to the district superintendent and to each district board member.

​The cover letter shall indicate that:
  • The State Board opposes the proposed regulatory changes released by the U.S. Department of Education on June 23, 2022  
  • The applicable USDOE guidance documents have been enjoined by a U.S. District Court and are, therefore, unenforceable at this time
  • The State Board disagrees with the rule promulgated by the Department of Agriculture on June 14, 2022
  • While this rule currently remains in effect, the Ohio Attorney General has joined with twenty-one other state attorneys general in seeking injunctive relief from the new USDA rule
  • This correspondence is intended to inform schools and districts, not to compel them to take a particular course of action

​BE IT FURTHER RESOLVED, that with this action the State Board of Education expresses its unwavering commitment to excellence in education for all, education that empowers each student to flourish, to succeed, and to reach his or her full potential as a member of the next great generation of Ohioans.
​ 
TAKE ACTION!


Contact State Board Members
•
Sign the Petition and School Board Member Sign-On Letter 
•
Submit Testimony and Attend the December Board Meeting
​
​CONTACT STATE BOARD MEMBERS
Contact State Board members explaining how this resolution endangers LGBTQ+ students 
​and why Ohio must seek safe, healthy ways to affirm LGBTQ+ students.

Phone calls and personal stories are always best! 
​
SIGN ON THE PETITION​
Sign and SHARE the petition demanding the State Board of Education REPEAL 
​
SEND A LETTER TO THE EDITOR
Write a letter to the editor (LTE) or op-ed about why the State Board of Education must REPEAL this resolution. 
Quick Tip: Convert your State Board testimony into an LTE or op-ed and send it to your school board!


​TESTIFY & ATTEND THE MEETING

Feb 13 & 14, 2023, 8am
​State Board of Education Meeting
25 South Front Street, Columbus 43215
​

How to Submit Testimony

​STEP 1: PREPARE YOUR PUBLIC COMMENT / TESTIMONY

Be concise. Open with your name, grade or profession, and city. Explain why you support policies and measures that protect and affirm LGBTQ+ students, and the dangers of not having those protections. Personalize your comment by adding your own stories and lived experiences. Include any relevant data, research, and statistics you want to share.​
STEP 2: SUBMIT YOUR IN-PERSON OR WRITTEN TESTIMONY TO THE BOARD 

INSTRUCTIONS: 
  • Submit your in-person request form to ensure you're on the speaker list -- In-Person Request Form HERE
  • Select either Non Agenda Item on the form 
  • Email your completed form and written testimony* to [email protected] and [email protected] at least 48 hours in advance of the scheduled meeting.
    • Send a PDF version of your testimony
    • Clearly state in your email that your attachment is for in-person testimony 
  • Be sure to arrive early enough for parking and seating 
*It’s recommended, not required, to submit your written comments to the State Board ahead of the meeting to be included in the public Board materials.

2) WRITTEN TESTIMONY  
Email your  written testimony to [email protected] and [email protected] by 5pm, Sunday, January 8, 2022.
  • Send a PDF version of your testimony
  • Clearly state in your email that your attachment is for testimony against the resolution and its amendments​​

​
​Helpful Resources & Information
​
In The News