Fact Sheet: Understanding the Implications of Ohio SB104(HB183) the Anti-Trans School Bathroom Bill

Full Fact Sheet Downloadable HERE

Overview of HB183

  • What It Does:

    • Prohibits Ohio schools (K-college) from allowing trans students to use restrooms, lockerrooms, and overnight accommodations that align with their gender identity (if different than sex assigned at birth).

    • Mandates that schools designate multi-use facilities and accommodations based on "biological sex" assigned at birth and prohibits schools from building or designating new multi-use facilities as gender-neutral. 

    • Allows single-use facilities as an accommodation.

    • Requires schools to change or remove any gender-neutral signage

    • When only “student bathrooms” are available, Ohio schools may not permit faculty, staff, parents, or visitors to use restrooms that align with their gender identity (if different than sex assigned at birth).

      • Note: 183 does not apply to faculty or staff bathrooms

  • Exceptions:

    • Students under age 10 receiving assistance from a family member.

    • Students with disabilities being assisted by a caregiver.

    • Teachers disciplining students or responding to emergencies.

  • Effective Date:

    • February 24, 2025.

  • Concerns:

    • Discrimination and violence towards trans and gender nonconfirming students.

    • Discrimination and violence towards students, including cis students, not meeting arbitrary gender presentation standards. 

    • No exception for intersex or Two-Spirit students.

    • Unintended negative consequences for sporting events and other public events organized by or held at Ohio schools. 

    • Lawsuits, including frivolous lawsuits aimed at humiliating gender nonconforming youth. 

    • Loss of federal funding for schools for simply supporting trans students.

    • Students will be unable to focus on learning in a hostile environment.

    • Students may develop emotional and/or physical illnesses in response to not being able to take appropriate hygienic breaks at school. 

Bathroom and Locker Room Access

  • Schools must designate restrooms, lockerrooms, and changing areas for use exclusively by individuals of the same “biological sex.”

Overnight Accommodations

  • When arranging overnight stays for school activities, students must be separated by “biological sex.” 

Penalties

  • Schools found in violation may face legal action, including civil penalties and lawsuits from students or parents claiming harm from the alleged noncompliance.

  • Penalties for students, if any, are wholly up to the discretion of the individual school/school district.

Why HB SB104(183 Violates Federal and State Laws, and School Policies

1. Violation of Federal Title IX Protections

  • Title IX Overview:
    Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in federally-funded education programs and activities.

  • Federal Interpretation of Title IX:
    The U.S. Department of Education clarified in 2021 that Title IX protections extend to discrimination based on gender identity and sexual orientation. Courts have upheld that trans students must be allowed to access facilities consistent with their gender identity.

  • Conflict with HB 183:
    By forcing schools to bar trans students from using facilities aligned with their gender identity, the law directly violates Title IX protections and risks the loss of federal funding for non-compliant schools.

2. Conflict with Ohio State Anti-Discrimination Laws

  • Ohio’s Nondiscrimination Protections:
    Although Ohio does not have a comprehensive state-wide law protecting LGBTQ+ individuals, certain local jurisdictions within Ohio explicitly prohibit discrimination based on gender identity in education and public accommodations.

  • HB 183 Conflict:
    The bill contradicts the principles of equity and inclusion outlined in many local anti-discrimination ordinances, putting school districts at legal and ethical risk.

3. Inconsistency with School Policies

  • Individual Policies:
    All Ohio school districts and most schools in Ohio have policies affirming the rights of LGBTQ+ students to be treated with respect, dignity, and equality. These policies often align with Title IX and best practices from professional education organizations.

  • Inconsistency with Ohio Department of Education values:
    Forcing trans students to use facilities that do not align with their gender identity has been shown to increase rates of anxiety, depression, and violence. This violates the duty of schools to create safe and supportive learning environments for all students.

Recommendations for Supporting Trans Students

1. Advocate for Compliance with Title IX

  • Inform staff and community members that schools are federally required to ensure trans students have access to facilities consistent with their gender identity.

  • Request guidance from the U.S. Department of Education, or legal counsel, for districts on navigating (non)compliance while addressing the new state law.

2. Implement Inclusive Policies

  • Provide single-use facilities as an option for any student, without mandating their use based on gender identity.

  • Continue to allow students to participate in school activities and overnight accommodations that align with their gender identity.

  • Do not maintain copies of students’ original birth certificates if legal identity documents have been updated.

  • Remember that “outing” a trans, nonbinary, or gender nonconforming student may violate FERPA.

3. Educate Staff and Stakeholders

  • Host professional development sessions to educate staff about the rights and needs of trans students.

  • Provide families and communities with resources on creating inclusive and affirming environments.

  • Faculty and staff have so much to do already and don't have resources to monitor who is using what bathroom. There are no penalties for faculty and staff too busy to control/monitor student bathroom usage. 

4. Prioritize Student Well-being

  • Offer counseling and mental health resources to LGBTQ+ students disproportionately affected by discriminatory policies.

  • Encourage the use of chosen names and pronouns in all interactions.

  • Don’t “over-police” gendered spaces.

Resources for Schools