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Transgender bathroom bill back for debate to require students to use facilities based on biological sex

It would require K-12 students to use school facilities based on their sex at birth, and force schools to create a separate bathroom for transgender students.

LOUISVILLE, Ky. — A new pre-filed bill would require transgender students in Kentucky to use school bathrooms, locker rooms, and shower rooms based on their biological sex.

State representative David Hale prefilled the Kentucky Student Privacy Act on Thursday. It would require K through 12 students to follow the rule and force schools to create a separate private bathroom for transgender students.

"It's a moral issue and it's a common-sense issue for individuals that are born as biologically male or female to use restrooms, showering facilities or dressing room facilities that are designated for specifically them," Hale said. "And especially for the individuals in the school system that are minors."

The state representative of the 74th district introduced a similar bill in the 2018 and 2015 sessions. It failed both times, but Hale said he is bringing it back in an effort to protect students' privacy.

The bill would impact schools across Kentucky like Atherton High School.
Atherton has led in efforts toward creating an inclusive environment for transgender students.

"For me at Atherton it was probably easier than it was for a lot of people in other schools," transgender student Nadeem Fauver said who just graduated.

"I feel like when you're talking about this thing people assume men to be the people who are going to be aggressive in that," Fauver said. "When I got beat up it was a girl who did it, and I have no doubt in my mind that that would have happened more if especially once I started transitioning I continued to go to the women's bathroom."

Fauver credited Atherton for allowing transgenders access to bathrooms consistent with their gender identity.

"I honestly don't think that the issue was as large as it once was," Hale said.

The proposed legislation would also open schools to civil liability if they do not comply with the law.

"I feel like it's very important to the students that feel very uncomfortable," Hale said.

"It's not to protect anybody it's to hurt people," Fauver said.

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