On Aug. 6, the Franklin County Court of Common Pleas issued a decision finding that House Bill (HB) 68, legislation banning the use of certain medical interventions for transgender youth and barring the participation of transgender girls in girls’ and women’s sports, was constitutional. The court vacated the temporary restraining order which had been blocking its enforcement since the spring. This means that the bill in its entirety has gone into immediate effect.
The bill contains two separate provisions related to transgender youth, both of which impact schools. The first provision, named the SAFE (Saving Adolescents from Experimentation) Act, bans the use of certain defined medical interventions and mental health treatments for transgender minors. While much of this provision directly affects medical providers, there are also restrictions on licensed mental health professionals (such as school psychologists and social workers who work in schools). Specifically, the bill restricts the ability of those professionals to provide certain treatments without parental consent and requires them to screen for other conditions before providing treatments connected to gender identity.
The other part of the bill that impacts schools, known as the Save Women’s Sports Act, bans the participation of transgender girls or other individuals not assigned female at birth, in sports designated as girls’ or women’s sports. The new law requires the Ohio High School Athletic Association (OHSAA) and all individual districts to implement this restriction. Importantly, districts can be subject to liability if they violate the provision and certain individuals are able to demonstrate they were harmed or that they suffered retaliation for reporting a violation.
School district leaders are encouraged to review the new provisions in their entirety, as this is only a brief overview of the new requirements. Districts are also encouraged to work with legal counsel to ensure that their policies and practices are compliant with this and other relevant laws and determine if additional training for their staff is warranted. OSBA policy subscribers may review the February 2024 issue of Policy Development Quarterly for more information about how the provisions in HB 68 affect their policies. All OSBA members are welcome as always to contact OSBA’s legal hotline (855-672-2529 or 855-OSBA-LAW) with general questions about the Act or the lawsuit. For specific legal advice, please contact your district’s legal counsel.
The families who filed this lawsuit have indicated that they intend to appeal this ruling, so it is possible there will be additional updates as the case progresses. OSBA will continue to update members as necessary.