Senate Bill 299, which prohibits public schools from teaching about gender identity and sexual orientation, passed both chambers of the legislature and is now awaiting the governor’s signature.
The new law also requires teachers and other school personnel to notify parents when a student requests an accommodation intended to confirm a change in the student’s gender identity.
For example, if a male student requests to be called a name that is generally considered a female name, teachers must notify the student’s parents. If a teacher fails to do so, they may be written up, suspended without pay, or fired.
The bill passed the House on Friday, and the Senate agreed with the changes made on Saturday.
Some of the changes included preventing teachers from discussing sexual orientation or gender identity in certain situations. Del. Elias Coop-Gonzalez, R-Randolph, stated that these safeguards would apply to instances of instruction or specific interpersonal situations.
“This prohibition cannot be construed to prohibit a teacher responding to student questions during class regarding sexual orientation and gender identity as it relates to any topic of instruction, referring to sexual orientation or gender identity of any historical person, group, or public figure.
When the information provides a necessary context in relation to any topic of instruction and referring to sexual orientation and gender identity if necessary to address a discipline.
Del. Kayla Young, D-Kanawha, attempted to remove a section of the bill that would require school officials to notify students’ parents or guardians if they request to be called a different name in order to change their perceived gender identity, but the amendment failed.
Sen. Joey Garcia, D-Marion, called the bill a shame.
“I think it sends the wrong message to both children who may be going through very traumatic times and trying to figure out life, and teachers who, I think, are there trying to protect those children,” Garcia told me.
Adam Wolfe teaches math and engineering at Nitro High School and has received the national Milken Educator Award. He spoke out against the bill during its committee phase.
‘I am concerned about my own reporting, but I believe the greater concern is the harm that these children may suffer. I mean, these are the kids I have to face,” Wolfe explained.
He said that students have confided in him about their identity issues.
“I can put faces to this, I see these kids that have had these conversations with me and the conversations they’ve had about like ‘my dad will beat me if they were to find out’,” said Wolfe.
The bill contains no exemptions from reporting standards for households where abuse has been reported or is being investigated.
Del. Jeffery Stevens, R-Marshall, is a schoolteacher. He encouraged his colleagues to carefully consider the bill. While he believes parents should be aware of important details about their children’s school lives, he also acknowledges that some teachers may be the only trusted adult in a child’s life.
“I’m just asking you to consider the situations that are sometimes put in place that some people are unaware of.” And these kids come to you and confide in you, and they just open up to you sometimes, and someone needs to be a trusted adult in that child’s life,” Stevens said. “I don’t know what the happy medium is.”
On Friday, no one in the House advocated for a vote in favor of the bill, except Coop-Gonzalas, who introduced it.
