Senate Bill 299 restricts public schools from teaching about gender identity and sexual orientation passed both chambers of the legislature and is awaiting the governor’s signature. The new law also requires teachers and other school employees to report to parents when a student requests an accommodation that is intended to affirm a change in the student’s gender identity.
For example, if a male student asks to be called a name that is generally considered to be a female name, then teachers would be required to inform the student’s parents. If a teacher fails to do so, they could be written up and suspended without pay or fired.
The bill passed the House on Friday, and the Senate concurred with changes made Saturday.
Some of those changes included protecting teachers from talking about sexual orientation or gender identity in specific circumstances. Del. Elias Coop-Gonzalez, R-Randolph, said these protections would be for instances of instruction or to address specific interpersonal situations.
“This prohibition cannot be construed to prohibit a teacher responded 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 disciplinary matter, such as an incidence of bullying,” Coop-Gonzalez said.
Del. Kayla Young, D-Kanawha, tried to remove a section of the bill that would require school officials to report that students are asking to be called a different name for the purpose of changing their perceived gender identity to the students parents or guardians but it did not pass.
Sen. Joey Garcia, D-Marion, said the bill is 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 said.
Adam Wolfe is a math and engineering teacher at Nitro High School, and a national Milken Educator Award recipient. He spoke against the bill when it was in the committee phase.
‘I have concerns for myself within terms of the reporting, but I think the bigger concern is the harm that could come to these kids. I mean, these are kids that I have to look in face,” Wolfe said.
He said he has had students confide 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’,” Wolfe said.
There are no exemptions in the bill for reporting standards for households where abuse has been reported or is being investigated.
Del. Jeffery Stevens, R-Marshall, is a school teacher. He encouraged his colleagues to think carefully about the bill. He said while he does believe parents should know important details of a child’s school life, he said some teachers may be the sole trusted adult in a child’s life.
“I’m just asking to think about the situations that sometimes that were put in that some people don’t realize. And these kids come to you and confide in you, and they just open up to you sometimes, and somebody’s got to be a trusted adult in that kid’s life,” Stevens said. “I don’t know what the happy medium is.”
In the House on Friday, no one except Coop-Gonzalas, who introduced the bill, urged a vote in its favor.