How schools are responding as Ohio's "bathroom bill" becomes law
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Signs like this have been disappearing from some Ohio schools in anticipation of the state's new "bathroom bill" becoming law Tuesday. Photo: Plexi Images/Glasshouse Images/UCG/Universal Images Group via Getty Images
Ohio is entering "complicated and unsettled" legal territory, policy experts say, as a new law takes effect Tuesday banning transgender students from bathrooms matching their gender identity.
Why it matters: The controversial law once again puts schools in the middle of an ongoing culture war impacting transgender students' rights.
The big picture: The law impacts K-12 schools and colleges, both public and private.
- K-12 leaders are "torn" and "looking for all kinds of advice," Patrick Corbett, senior adviser with Ohio-based school policy consulting firm Neola, tells Axios.
One visible change: Some schools are replacing "all-gender" restroom signs with signs like "single-occupancy" or "family."
- The Ohio Legislative Service Commission estimates replacements will cost $30-100 per sign. If each of Ohio's over 3,500 public school buildings replaced just one apiece, that could total up to $350,000.
- Upper Arlington just spent $2,150 updating signs based on legal advice, a district spokesperson told Axios.
- But even signage can get complicated — a visiting girls sports team using a locker room labeled for boys would technically be illegal now, if its sign isn't swapped, Corbett notes.
Zoom in: Local school boards, such as Columbus, have also been repealing or changing policies referencing transgender students.
- Districts have never been required to enact such policies and the new law doesn't change that. But policies that do exist must follow the law.
Between the lines: The law doesn't specify any enforcement mechanisms or penalties, though Ohio Attorney General Dave Yost has threatened "legal action" if districts don't comply.
- It appears to contradict "state and federal court decisions in Ohio and beyond that hold transgender students have a right to use the facilities that correspond to their gender identity," notes a Neola advisory. A case near Dayton is still pending.
Friction point: The law says students can use their "official birth record … issued at or near the time of the individual's birth" to "prove biological sex," but doesn't say who would be responsible for questioning it.
- The Ohio Department of Education and Workforce directed Axios to a document that encourages school officials to consult with their legal counsel for further guidance.
- The document states concerns about potential violations can be reported to the State Board of Education's Office for Professional Conduct.
What we're watching: Neola's advisory says it's "reasonable to assume the law will be challenged in court" and "lawsuits may be filed against school districts by parties on both sides."
The bottom line: "Our clients all have the same questions: 'What happens if we follow the law?' You can get sued. 'What happens if we don't?' Well, you can get sued," Corbett says.
What's happening in higher ed
Central Ohio colleges and universities report few compliance issues with the new law, Axios reporting finds.
By the numbers: There are more than 200,000 transgender college students across the country, according to Williams Institute research.
State of play: We reached out to 13 Central Ohio colleges and universities to learn how they would comply with the law.
- Each that responded told us they were either already in compliance or are working toward compliance with signage changes.
What they're saying: An Ohio State spokesperson says the school would follow the law and is "committed to a welcoming environment for all members of our community."
- Spokespeople from Central Ohio Technical College, Columbus State Community College, OSU Newark and Otterbein University told us their schools were also already in compliance.
Capital University and Kenyon College are working to update signage to reach compliance.
- Students at the two schools will be allowed to explore other housing options if the law makes them uncomfortable in their current housing, spokespeople said.
In addition, schools like COTC, Kenyon and Ohio State are directing students in need to counseling services offered by student life.
Representatives from Columbus College of Art and Design, Franklin University, Hondros College of Nursing, Mount Carmel College of Nursing, Ohio Christian and Ohio Wesleyan did not reply.
Zoom out: Outside of Central Ohio, some universities have experienced pushback.
- New "Biological men" and "Biological women" signs at University of Cincinnati bathrooms were torn down or covered with notes.
- Students and faculty at Antioch College and Oberlin College have objected to the schools' compliance.