Student Privacy Act – Why do we need it? What does it do?
The Student Privacy Act allows administrators to care for students with gender dysphoria while still respecting the physical privacy rights of all the other students.
In 2014 Atherton High School adopted a Los Angeles policy allowing students with gender dysphoria (the sex they believe they are does not match their biology) to choose their own gender identity and to use the bathroom and locker room that corresponds with what they “perceive” their gender to be.
The result of Atherton High School’s decision is that a biological male is using the girl’s facilities. Female students and their parents have voiced multiple complaints believing their privacy rights are being violated. The reality is that girls do not want to be in a bathroom or locker room with a biological male.
Two other Kentucky high schools (Madisonville and Montgomery County) have since been approached by students with gender dysphoria wanting access to facilities of the opposite biological sex.
The Obama Administration has been pressuring schools to allow students to self identify their gender and use the facilities of their choice. They are claiming that to deny that is sex discrimination under Title IX.
In 2015, two separate cases were litigated in Federal District Court (Pennsylvania and Virginia) and the policy contained in The Student Privacy Act prevailed. Schools were found not guilty of sex discrimination. Both cases have been appealed.
This legislation is not unique to Kentucky. Multiple states are currently working to pass similar legislation protecting the right to privacy of their students.
The Student Privacy Act returns control to Kentucky schools, allowing administrators to select the best accommodation for the student with gender dysphoria. They can select a unisex bathroom, individual bathroom, faculty lounge, handicapped facility or other option. Under this statute the only option they cannot select is to place students of opposite biological sex in the same bathroom, locker room or overnight accommodation at the same time.
The purpose of Kentucky schools is to educate Kentucky students. They should not be used as a vehicle to advance the Obama Administration’s liberal social agenda.