Safety Law News for January 16, 2024

— In Oklahoma, the United States District Court, held that the state policy of separating the use of male and female restrooms and changing areas in public schools based on a student’s biological sex did not violate the rights of students who identify as transsexual.   The policy states that, “(t)o ensure privacy and safety, each public school and public charter school that serves students in prekindergarten through twelfth grades in this state shall require every multiple occupancy restroom or changing area designated as follows: 1. For the exclusive use of the male sex; or 2. For the exclusive use of the female sex. Each public school or public charter school in this state shall provide a reasonable accommodation to any individual who does not wish to comply with the provisions of subsection B of this section. A reasonable accommodation shall be access to a single occupancy restroom or changing room.”  The court held that the Equal Protection Clause did not invalidate the law because, “(s)eparating students based off biological sex (which both parties agree the statute does) so that they are able to use the restroom, change their clothes, and shower outside the presence of the opposite sex is an important governmental objective…and (the state policy) is substantially related to achieving that objective.”  The court ruled that the state policy did not violate Title IX because “(a)t the time Title IX was enacted, the ordinary public meaning of “sex” was understood to mean the biological, anatomical, and reproductive differences between male and female. It is up to Congress to change that meaning, not this Court.”  Eli Bridge v. Oklahoma State Department of Education

— In Tennessee, school safety legislation introduced would enable law enforcement agencies to assign police to schools.  House Bill 1664, “would change the current law, enabling law enforcement agencies to assign resource officers to schools who had not previously requested one.”

— In Ohio, the number of school districts registered to give non-police staff access to guns has nearly tripled since the spring of 2023.  This finding, by the Ohio School Safety Center, comes after a new law that allows teachers to access guns in schools without undergoing Ohio police officer-level training.  “The state has around 610 school districts, so roughly 10% of Ohio districts have opted in.”

— In West Virginia, legislation has been enacted to allow veterans, retired police officers to provide armed security in schools.  Senate Bill 143.  “The bill allows county boards of education in West Virginia to contract with honorably discharged veterans or former state troopers, sheriff’s deputies, or federal law enforcement officers to provide public safety and security on public school grounds and buildings.” Importantly, “The (person) would not be a school resource officer or considered law enforcement, nor would they have arrest power.”