Local Schools, Colleges Respond to Ohio’s Bathroom Bill

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ATHENS, Ohio — 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 Senate Bill 104 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’s law brings the number of states with bathroom bills to an even dozen. 

Legislation targeting transgender people has exploded 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 passed three anti-trans bills — out of 14 that were introduced.

Both of Athens County’s state legislators voted for SB 104; Sen. Brian Chavez (R-Marietta) sponsored the bill. 

As Jay Edwards (R-Nelsonville) is term-limited, Kevin Ritter of Marietta will replace him next year. In an email, Ritter said, “I appreciate Representative Edwards voting to ensure the privacy of Ohio’s students.”

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 “tenuous” situation, Athens City School District Superintendent Tom Gibbs told the Independent. 

“Currently, there is some disagreement between the Federal Department of Education and guidance we have been provided and what is included in this new statute,” Gibbs said in an email. 

The district is consulting legal counsel about “to determine how best to move forward,” Gibbs wrote.

“District 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,” 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’t 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. 

Title IX of the Education Amendments of 1972, prohibits discrimination on the basis of sex in “any education program or activity receiving Federal financial assistance.” 

Title IX “applies to transgender students in public schools and universities,” Gibbs said, citing the U.S. Department of Justice. Athens City Schools’ 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 reported. 

Gibbs noted that the district has standing policies “that specifically call for protecting student rights based on gender identity.” But SB 104 will force the district to “change or modify multiple policies to be in line with the state statute,” he said.

“And, 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,” Gibbs said. “It is difficult to say on one hand that we do not discriminate based on gender identity and then on the other to limit student’s participation in athletics or even where they can use the bathroom.”

The implied changes from SB 104 are “especially frustrating because we’ve had these policies and procedures in place for years without any complaint and before this even became the Federal guidance on the matter,” Gibbs said in an email.

“The complete lack of any nod towards the ‘local control’ 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,” 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 reported. 

“I am hopeful that case will come to [a] conclusion soon, as it would provide some additional context to the legal landscape surrounding this issue,” 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 “is 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.”

The spokesperson added, “OHIO 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.”

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. 

“Anecdotally, from what I can see … it is increasing stress levels,” Plett said of her students. “I would worry very much about students who might be in the closet, who … might keep their identities secret … or keep their gender secret because of this, which is just a shame, and something that most other students don’t have to do.” 

For Plett, the “boogeyman” nature of anti-trans bathroom bills is not founded in reality.

“The opponents of trans youth, specifically, in public life — it’s always called an ‘experience of experimentation,’ and that is not true,” Plett said. “I think that it is bills like this that are the experimentation … It is making these kinds of draconian laws that — 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.”

Ohio University senior Rey De Spain, who is transgender, echoed Plett’s sentiments.

“I think it’s a massive overreach into the private lives of citizens and especially students,” they said.

De Spain said that in Athens, “I’ve never really encountered any problems using the public restrooms here.” However, since their freshman year, “I definitely think that transphobia has become a lot more visible.” 

In De Spain’s experience, “People are a lot more comfortable being openly transphobic … A lot of people feel more comfortable than I would like, verbally harassing others on the streets, especially when they’re drunk … 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.”

Overall, though, De Spain said they feel “very fortunate that I live in an area where people mostly mind their own business.”

De Spain believes that bathrooms already operate on a “good faith” system in which legal documents aren’t required to attend to bodily functions.

 “What all of us want in the bathroom is privacy, and a place to do our business and then wash our hands and leave,” De Spain said. “I think that a lot of the people pushing legislation like this don’t seem to understand how public restrooms function in the real world, and they think they’re protecting people, when really they’re putting people in danger.”

Hocking College Vice President of Student Affairs Hannah Guadda, who is the school’s Title IX coordinator, said in an email the institution “is currently reviewing the legislation to ensure compliance while maintaining our commitment to a safe, inclusive environment for all students. As we assess the bill’s impact, we remain dedicated to supporting our diverse student body.”

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.

This story was originally published on Athens County Independent.

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