The Ohio legislature has passed a “Parents Bill of Rights” that, among other things, requires teachers to inform parents of “any substantial change” in services – including counseling services – provided to students that are related to the student's “mental, emotional, or physical health or well-being.” The bill further defines “student's mental, emotional, or physical health or well-being” to include “Any request by a student to identify as a gender that does not align with the student's biological sex.”

As of this writing, the bill awaits the governor's signature, creating the potential for teachers to face discipline for failing to notify parents if their children tell the teachers of issues that relate to the student's sexuality. If you are a teacher and have been notified that a parent has filed a disciplinary complaint against you for failing to disclose a student's sexual orientation or identification to their parents, contact the Lento Law Firm's Professional License Defense Team for help. We can be reached at 888.535.3686 or you can use our contact form to schedule a confidential consultation with one of our experienced attorneys.

The Ohio Parents Bill of Rights

According to one of its sponsors, the bill that has been dubbed the “Forced Outing Bill” by opponents is “not about sexuality,” but is “about keeping parents informed” about their children's “mental status.” “Some kids have, they have learning problems. They have some mental issues.”

While there may or may not be room for debate about whether a student's request to identify as a gender that is different from the one they were assigned at birth qualifies as either a “learning problem” or a “mental issue,” it's clear that the bill could create problems for teachers that these students confide in. A teacher who learns that a student has sought counseling related to their sexuality may feel as though they have been placed in a position where they either respect the student's privacy and violate the bill's parental disclosure requirements, or disclose the information to the parent and break the student's trust.

Similar Laws Nationwide

The Ohio bill is simply one of many across the nation at both the state and local level that place new burdens on teachers as legislators and parents take aim at an issue – transgenderism in particular – that statistically affects a tiny minority of the student population. These efforts to legislate parental disclosure are often confusing, overbroad, and provide little guidance for teachers. They may also violate federal laws that have been put in place to protect students' privacy.

The Lento Law Firm Can Help

If you are a teacher who has been targeted for discipline for attempting to protect your student's welfare by allowing them to decide whether and when to discuss their sexuality with their parents, the Lento Law Firm's Professional License Defense Team is here to help. We regularly protect the rights of teachers and other licensed professionals all across the country, and are ready to help you fight disciplinary charges that can result when you choose to respect your students' privacy.

Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our professional license defense attorneys to learn more about how we can help.