Local Schools, Colleges Respond to Ohio’s Bathroom Bill
One local school district is concerned about the bill鈥檚 potential contradictions with federal statutes.
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ATHENS, Ohio 鈥 Local school districts and colleges are scrambling to determine how they will implement recent state legislation that requires transgender people to use the bathroom of the sex they were assigned at birth.
In late November, Ohio Gov. Mike DeWine signed into law. In addition to prescribing bathroom use for all persons using school restrooms, the statute also prohibits public and private educational institutions from constructing multi-person, multi-gender restrooms.
Ohio鈥檚 law brings the number of to an even dozen.
Legislation targeting transgender people has across the country in the past 10 years, limiting access to public restrooms and healthcare and participation in sports, among other measures. In 2024 alone, Ohio legislators 鈥 out of 14 that were introduced.
Both of Athens County鈥檚 state legislators for SB 104; Sen. Brian Chavez (R-Marietta) sponsored the bill.
As Jay Edwards (R-Nelsonville) is term-limited, of Marietta will replace him next year. In an email, Ritter said, 鈥淚 appreciate Representative Edwards voting to ensure the privacy of Ohio鈥檚 students.鈥
The law takes effect on Feb. 24, 2025; 90 days after DeWine signed the bill on the day before Thanksgiving.
SB 104 puts school districts in a 鈥渢enuous鈥 situation, Athens City School District Superintendent Tom Gibbs told the Independent.
鈥淐urrently, there is some disagreement between the Federal Department of Education and guidance we have been provided and what is included in this new statute,鈥 Gibbs said in an email.
The district is consulting legal counsel about 鈥渢o determine how best to move forward,鈥 Gibbs wrote.
鈥淒istrict employees will be directed to continue to support and protect the rights of all students for the next 90 days while we await guidance from our legal counsel,鈥 Gibbs said in an email.
Federal Hocking Local Schools Superintendent Jason Spencer declined to comment, saying that he had not yet discussed the bill with the Federal-Hocking Board of Education. Alexander, Nelsonville-York and Trimble local school district superintendents did not respond to requests for comments.
Potential conflict with federal law
SB 104 presents Ohio educators with a Catch-22, Gibbs explained. Employees who don鈥檛 follow the new requirements can be reported for violating state law; if they do follow it, they risk violating federal anti-discrimination laws, including Title IX.
of the Education Amendments of 1972, prohibits discrimination on the basis of sex in 鈥渁ny education program or activity receiving Federal financial assistance.鈥
Title IX 鈥 to transgender students in public schools and universities,鈥 Gibbs said, citing the . Athens City Schools鈥 Title IX coordinator is Director of Curriculum & Development Sommer McCorkle.
SB 104 does not contain any language about enforcement or penalties for violations of its restrictions. Similar bills in other states include fines and jail time as sanctions for violations, The Buckeye Flame .
Gibbs noted that the district has standing 鈥渢hat specifically call for protecting student rights based on gender identity.鈥 But SB 104 will force the district to 鈥渃hange or modify multiple policies to be in line with the state statute,鈥 he said.
鈥淎nd, District employees will be faced with the daily task of ascertaining when to follow Federal Title IX Guidance and when to follow the State Statutes related to transgender students,鈥 Gibbs said. 鈥淚t is difficult to say on one hand that we do not discriminate based on gender identity and then on the other to limit student鈥檚 participation in athletics or even where they can use the bathroom.鈥
The implied changes from SB 104 are 鈥渆specially frustrating because we鈥檝e had these policies and procedures in place for years without any complaint and before this even became the Federal guidance on the matter,鈥 Gibbs said in an email.
鈥淭he complete lack of any nod towards the 鈥榣ocal control鈥 that state legislators frequently espouse in regards to schools and municipalities apparently goes out the window in relation to how we address and protect the rights of transgender students,鈥 Gibbs stated.
Gibbs also pointed to ongoing Sixth Circuit Court of Appeals case Doe v. Bethel, in which parents and students are suing Bethel Local School District for allowing a transgender child to use the restroom that matches her gender, the Ohio Capital Journal .
鈥淚 am hopeful that case will come to [a] conclusion soon, as it would provide some additional context to the legal landscape surrounding this issue,鈥 Gibbs said in an email.
A spokesperson for the U.S. Department of Education declined to comment on SB 104, but did note that federal laws supersede state laws.
Higher education
In an email, an Ohio University spokesperson said that OU 鈥渋s aware that Senate Bill 104 has been formally signed into law, and we are currently reviewing the final version of the bill and its potential impact on established University processes and procedures.鈥
The spokesperson added, 鈥淥HIO has long been committed to fostering an inclusive, respectful environment for all students, staff and visitors, and we will continue to work to ensure that our public restroom signage and accommodations continue to meet the needs of our University community and remain compliant with all applicable state and federal laws.鈥
Casey Plett, an assistant professor of English and film at OU, said the university has not yet provided her with any guidance regarding the new law.
鈥淎necdotally, from what I can see 鈥 it is increasing stress levels,鈥 Plett said of her students. 鈥淚 would worry very much about students who might be in the closet, who 鈥 might keep their identities secret 鈥 or keep their gender secret because of this, which is just a shame, and something that most other students don鈥檛 have to do.鈥
For Plett, the 鈥溾 nature of anti-trans bathroom bills is not founded in reality.
鈥淭he opponents of trans youth, specifically, in public life 鈥 it鈥檚 always called an 鈥榚xperience of experimentation,鈥 and that is not true,鈥 Plett said. 鈥淚 think that it is bills like this that are the experimentation 鈥 It is making these kinds of draconian laws that 鈥 none of these laws existed four years ago. It is this kind of legislative activity that is the experiment, and I am very doubtful it was going to have good effects.鈥
Ohio University senior Rey De Spain, who is transgender, echoed Plett鈥檚 sentiments.
鈥淚 think it鈥檚 a massive overreach into the private lives of citizens and especially students,鈥 they said.
De Spain said that in Athens, 鈥淚鈥檝e never really encountered any problems using the public restrooms here.鈥 However, since their freshman year, 鈥淚 definitely think that transphobia has become a lot more visible.鈥
In De Spain鈥檚 experience, 鈥淧eople are a lot more comfortable being openly transphobic 鈥 A lot of people feel more comfortable than I would like, verbally harassing others on the streets, especially when they鈥檙e drunk 鈥 I expect a little bit of that, but I do feel like this campus has become a lot less friendly already in the past couple years, when I compare it to my freshman year. I felt like it was an extremely safe place, and I was never really hassled.鈥
Overall, though, De Spain said they feel 鈥渧ery fortunate that I live in an area where people mostly mind their own business.鈥
De Spain believes that bathrooms already operate on a 鈥済ood faith鈥 system in which legal documents aren鈥檛 required to attend to bodily functions.
鈥淲hat all of us want in the bathroom is privacy, and a place to do our business and then wash our hands and leave,鈥 De Spain said. 鈥淚 think that a lot of the people pushing legislation like this don鈥檛 seem to understand how public restrooms function in the real world, and they think they鈥檙e protecting people, when really they鈥檙e putting people in danger.鈥
Hocking College Vice President of Student Affairs Hannah Guadda, who is the school鈥檚 coordinator, said in an email the institution 鈥渋s currently reviewing the legislation to ensure compliance while maintaining our commitment to a safe, inclusive environment for all students. As we assess the bill鈥檚 impact, we remain dedicated to supporting our diverse student body.鈥
Resources: LGBTQ+ youths in crisis may contact the Trevor Project at 866-4-U-Trevor for assistance; adults in crisis, contact the National Trans Lifeline: 877-565-8860. The 988 Suicide and Crisis Lifeline is also available; in case of emergency, always call 911.
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