With minimal discussion and no direct mention of the LGBTQ+ community, the Upper Arlington school board on Tuesday unanimously removed a May 2021 policy that created “all-gender” bathrooms for students.
The move comes as the effective date for Ohio's so-called "bathroom bill" looms.
District spokeswoman Karen Truett said the district had around 50 single-occupancy toilet rooms that were labeled “all gender.”
A June 2023 resolution refers to the bathrooms as “private, gender-neutral restrooms,” and calls the bathrooms, “practical, safe, and grounded in the mission of Upper Arlington Schools.”
The Tuesday vote changed "all gender" bathroom signage to read "single occupancy."
Truett said some of the single-toilet rooms are for staff only, but most are accessible to students.
A new state law that takes effect on Feb. 25 requires schools to designate all multi-occupancy bathrooms and locker rooms as male or female only, based on students' sex assigned at birth. The law, also known as Senate Bill 104, prohibits multi-person all-gender or non-gender bathroom, locker room and changing facilities.
The “bathroom bill,” however, allows for “family facilities,” meaning a restroom or shower room that does not have more than one toilet or shower.
Upper Arlington Schools' Board President Jenny McKenna said during Tuesday’s meeting that the district remains committed to being an inclusive learning environment, while also following the law.
“Our district will follow the law, while continuing to prioritize student safety, dignity, and respect in our school communities,” McKenna said.
The board’s Tuesday resolution also references the benefits of student and staff well-being and the importance of making students feel valued.
“This supportive atmosphere can also reduce incidents of bullying, promote inclusivity, and encourage positive interactions among students,” the resolution reads.
School administrative staff will be available to meet with students or parents who are confused about the changes or are concerned about the new law, according to the resolution.
Meanwhile, Ohio Attorney General Dave Yost threatened legal action against the Columbus City Schools' Board of Education after its members debated ignoring the new bathroom law earlier this month. Yost wrote that compliance with the law “is not optional.”
“Please be advised that the ramifications to the Board for defying Senate Bill 104 are clear and simple,” Yost wrote in a Feb. 5 letter to CCS Board President Michael Cole. “I will swiftly bring legal action against the board to obtain a court order forcing the board to take all actions necessary to immediately comply with all applicable mandates of Senate Bill 104.”
At the CCS school board meeting on Feb. 4, Board President Michael Cole suggested reaffirming the district’s transgender and gender variant policy, instead of updating it to comply with the new state law.
Instead, CCS board members Jennifer Adair and Sarah Ingles suggested tabling the motion until it could be discussed further. The board voted unanimously do so.
Some of the changes the CCS board is considering include adding language that says, “students are only permitted to use restrooms, locker rooms, changing rooms, or shower rooms consistent with their sex assigned at birth,” and removing a paragraph that gave a school administrator the ability to consider a transgender and gender variant students’ preferences when assigning them a bathroom.
The Columbus City Schools next board meeting is scheduled for Feb. 18 at its main office, located at 3700 N. High Street.
