This meeting will be conducted via video-teleconference pursuant to KRS 61.823 and KRS 61.826. The primary location for this meeting and where all members can be seen and heard by the public will be Stewart Auditorium in the VanHoose Education Center. Members of the Board are permitted to attend in-person or via video-teleconference pursuant to KRS 61.826. Members of the public may attend in-person or watch the live-stream.

• 8 7 23 Meeting Notice

On March 29, 2023 Senate Bill 150 became law. Sections 1 through 3 pertain to public schools and the Board is required adopt policies to implement the provisions of the bill.

Several key aspects of the bill pertaining to the treatment of transgender students raise significant concerns for the District. Specifically, the District is concerned that SB 150 targets transgender students because of their non-conforming gender identity and may therefore be discriminatory on the basis of sex; may create barriers to access to equal educational opportunity; may limit the rights of parents/guardians; and may endanger the health, safety, and lives of hundreds of children in District schools.

On July 25, 2023, the Board received two versions of the policies and administrative procedures, which had been reviewed and discussed by the Board Policy Committee meeting on July 10, 2023. The Board did not adopt either version.

At tonight’s meeting, the Board will here a presentation regarding a Version #3 of the Policies and Administrative Procedures. Version 3 is the same as Version 1, with two critical differences:

1. It establishes that a Gender Dysphoria can be a disability and may entitle a student to accommodations under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973. Such accommodations may include permitting access and use of a certain restroom.
2. It clarifies that the intentional, repeated, and ongoing misgendering of a student including, but not limited to, the use of non-preferred pronouns of a student, may constitute a violation of the Professional Code of Ethics for Kentucky Certified Personnel, adding a provision that such conduct shall be reported to the Education Professional Standards Board.

Submitted by: Kevin Brown

Attachments

• Presentation - Version #3 Board Policies to Implement Senate Bill 150 v2
• Version 3 - SB 150 KSBA Policies rev 08-04-2023

Superintendent Martin Pollio recommends the Board of Education receive a report regarding Board policies to implement Senate Bill 150 (2023 RS); to adopt Version #3 of related Board Policies 08.13531, 09.141, 09.22, 09.13 and 09.14; to waive second reading; and to receive for review related administrative procedures 09.22 AP.2 and 09.13 AP.1.

Order #2023-129 - Motion Passed:  Superintendent Martin Pollio recommends the Board of Education receive a report regarding Board policies to implement Senate Bill 150 (2023 RS); to adopt Version #3 of related Board Policies 08.13531, 09.141, 09.22, 09.13 and 09.14; to waive second reading; and to receive for review related administrative procedures 09.22 AP.2 and 09.13 AP.1. The recommendation passed with a motion by Mr. Joseph Marshall and a second by Ms. Sarah McIntosh.

Order #2023-130 - Motion Passed:  A motion that upon the release of Federal Regulations that we anticipate will provide a firm legal foundation for the policies identified as Version 2 in the board meeting materials of July 25, 2023, that the Board hold a special board meeting within 14 days of the release of the Federal Regulations to consider policies substantially similar to the policies identified as Version 2 passed with a motion by Dr. Christopher Kolb and a second by Mr. Joseph Marshall.

Order #2023-131 - Motion Passed:  A motion that the Board of Education instruct Dr. Pollio upon the release of Federal Regulations that we anticipate will affirm the rights of LGBTQ+ students, to eliminate any procedure or practice in JCPS that has demonstrated by a preponderance of research is harmful to students or staff members who identify as LGBTQ+ passed with a motion by Dr. Christopher Kolb and a second by Mr. Joseph Marshall.

Order #2023-132 - Motion Passed:  A motion to adjourn the August 7, 2023, Board of Education Meeting at 7:09 p.m. passed with a motion by Dr. Corrie Shull and a second by Mrs. Linda Duncan.