Columbus City Schools' Board of Education voted to rescind its gendered bathroom policy after the board members debated bucking a state law that requires students to use bathrooms corresponding to their sex assigned at birth.
The unanimous board vote happened at Tuesday night’s meeting after several students supportive of rescinding the policy spoke up, saying it would benefit transgender students. Ohio Attorney General Dave Yost threatened the district with legal action after the board debated reaffirming the policy at its last meeting.
Austin Tapp is a high school junior and is transgender. Tapp said he thinks the state's law is unenforceable and compliance doesn't require much else besides "a sign change."
"The simple fact of the matter is unless they are willing to spend money on hiring people to enforce such a law, which will not happen, then so long I will be able to use the restroom in peace, which truly that's all we can ask for," Tapp said.
Tapp said he doesn't think he causes a disruption by using the restroom that fits his gender identity. He said if state lawmakers really believe he does cause a disruption, state lawmakers should "put their money where their mouth is."
"I'm certain that CCS does not have the funds to enforce a bathroom policies that take precious seconds out of the school day and out of my time. Nobody can sue CCS for enforcing a bill that has no way to enforce itself," Tapp said.
This new state law that takes effect on Feb. 25 requires requires public school students like Tapp to use bathrooms according to their sex assigned at birth, but the bill did not specify how schools should enforce the policy.
The bill also 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 district's policy outlined ways the district could help transgender students address usage of their preferred names and pronouns in school. It also addressed using restrooms, changing facilities and other gender-segregated spaces.
The board put no new policy in its place, meaning there’s not direct guidance on how schools should handle a non-binary or transgender student who wishes to use a restroom that aligns with their gender identity.
The resolution rescinding the policy did specify that the state would follow all applicable state, local and federal laws.
Board President Michael Cole declined to speak to WOSU after the meeting. Instead, board staff provided a short statement that did not specify whether or not the board will be considering a new bathroom policy in the future.
"The Columbus City Schools Board of Education respects and values each of our students and staff members. The District remains committed to ensuring each student is empowered for success as a citizen in a global community, while also following the law," the statement said.
Besides Tapp, several other students spoke in support of the repealing the current policy at the meeting, but not creating a new one. The students argued this would help their transgender classmates by being in compliance with state law without adding new policies that could cause harm.
Many students brought up the effect bills like this will have on bullying and LGBTQ student suicide rates.
"You are the second line of defense to prevent suicide before parents. You have a unique opportunity to set a precedent of resistance to protect the students you guide under liberty and justice for all," Tapp said.
Tapp said what CCS did should set an example for other school district's facing this same debate. Upper Arlington Schools voted to remove a policy that created “all-gender” bathrooms for students last week.
After the public comments, Cole said the students who spoke caused him to have a "moment of pride." Cole later asked the students who spoke to take a photo with himself and the board.
