FRANKFORT, Ky. (FOX 56) — The Kentucky Department of Education is offering guidance on the newly passed laws impacting children’s education. One of the more complex and controversial laws is Senate Bill 150. The law is a lot to consume and break down, KDE did so by breaking up the parts that affect the department into three sections.

Section 1 is considered the parents’ rights portion of the law. Schools are now required to give notice to parents about any health or mental health services their child is receiving only if they concern sexuality, contraception, or family planning. Parents also have the ability to opt their students out of those services. Parents also must be informed of any referrals for *any* health or mental health service beyond those listed. The law states this information may not be shared with a parent if there’s a previous history that could result in abuse or neglect.

On the use of student pronouns, KDE clarifies that no guidance on the subject can come from the state, but shared previous court rulings that state sex stereotyping from gender-nonconforming behavior is legally discrimination. It advises districts to consult with their own attorneys over requested pronouns and potential liabilities.

Section 2 expands on the state’s rules for sex education. The subject is not required in schools but if it is taught it was already Kentucky law for an abstinence-based sex ed course. SB 150 now introduces a choice for districts to limit all sex ed to grades 6 and up or not teach any student about gender identity, gender expression, or sexual orientation. KDE said the second option would allow instruction at any age on human sexuality and sexually transmitted diseases. The KDE said it is not clear how this option could affect other subjects, such as health or advanced placement courses. Also, it’s required parents receive a notice and the ability to review the district’s sex education course, and they must be provided an alternative if they opt their child out.

The final section requires local boards to adopt new bathroom policies banning students from using facilities that are reserved for students of a different biological sex. The districts are required to provide the best available accommodation. KDE referred to the changing landscape of Title IX, touched back on the legal cases that define sexual discrimination, and once again suggests local districts talk to their attorneys.

The law also bans gender-affirming care for minors but that portion was not referred to in KDE’s guidance. FOX 56 has reached out to several area school districts to get their response to the new guidance. A spokesperson for Fayette County Schools said their policy is still in development.

If you would like to read the full guidance visit the Kentucky Department of Education website.