To The Kansas Legislature,

As education professionals dedicated to providing the best education to Kansas students, we are deeply concerned about the recent wave of legislation targeting transgender youth and threatening public employees through overly broad and undefined restrictions on free speech. It is our duty to oppose policies that harm our students, educators, and schools. Because of this duty, we urge Kansas Legislators to sustain the veto of H Sub for SB233.

H Sub for SB233 is yet another threat to public education by weaponizing the relationship education professionals have with their students and parents, and threatening educators who treat their students the way they, and their parents, want to be treated. This bill targets transgender individuals under the age of 18 by banning public employees from “providing, promoting or advocating” for students to “social transition” which is defined as non-medical acts "that are undertaken for the purpose of presenting as a member of the opposite sex, including the changing of an individual's preferred pronouns or manner of dress.” This ban would be in effect regardless of the wishes of the child or their parents or guardians, and is a clear threat to parental rights.

H Sub for SB233 likely violates federal law and tramples local control. Legislators should refrain from mandating policies that may put federal education funding at risk and are best decided within our own communities by elected school boards, parents, and educators. Title IX prohibits sex discrimination in education, including transgender students, and applies to all K-12 school, preschools, colleges and universities that get federal funding. The Department of Education and Department of Justice Guidelines require schools to respect the student’s right to use the name, pronoun, and manner of dress that match their gender identity. Violating this may put our schools at risk of losing federal funding.

H Sub for SB233 will harm transgender Kansans and their families, as well as threaten teachers, councilors, administrators, and any educational professional that receives state funding or uses a state facility or building. If passed, this law could potentially force schools and public libraries to ban any literature or media of any kind that even acknowledges this issue; eliminate avenues of support and care for potentially suicidal children; and/or places educators at every level under the threat of violation of law and termination, if they offer even encouragement in support of any student (including their own children) who may be facing this daunting issue.

This law isn’t about gender-affirming care, this is about the rights of some Kansas citizens to live lawfully and freely. Because of the overly broad language and the lack of definition for the acts of “providing, promoting or advocating” for students to “social transition’, we question whether a teacher who has a book in their classroom library that includes a minor character acknowledging gender dysphoria or gender-affirming care could be considered to have violated this proposed law, leading to termination and potentially even losing their professional license. We question if a child confides in a school guidance counselor about their gender and identity concerns, the counselor must turn them away from any support, otherwise, they risk violating this proposed law. Or, if a lawfully elected school board member brings up the topic for discussion at a monthly public school board meeting, could they be accused of violating this law and, in turn, be subjected to a recall?

Laws that restrict the free speech of our educators in acknowledging social transitioning, despite the will of their parents or guardians, denies transgender youth the support they desperately need and mandates the rejection of their identities and sense of self. We must recognize the role of our teachers in shaping students’ lives. This mandated rejection can lead to tremendous harm, including increased rates of depression, anxiety, self-harm, and suicidality. Research has already identified that, due to this societal mistreatment, transgender youth have higher rates of suicide attempts and completions than their peers, which makes this law even more damaging. A 2023 survey of transgender youth completed by the Trevor Project revealed that 41% of transgender youth reported that they seriously considered attempting suicide in the past year.

H Sub for SB233 inflicts significant harm on an already vulnerable population and requires educators to be the enforcers of this harm. Educators have a moral obligation to make our schools and educational spaces as safe as we can, which includes the emotional and mental well-being of all our students. While we may not always understand the complexities of gender dysphoria, it is not our role or responsibility to mandate treatment that is best left decided by a student, their parent or guardian, and their healthcare providers. Laws like H Sub for SB233 require us to act against the wishes of the student and their parents, and hinder our ability to create a safe and welcoming classroom for all students.

As educational professionals, we have an ethical and moral responsibility to advocate for policies that promote the well-being of all students, regardless of their gender identity, which is why we urge Kansas Legislators to sustain the veto of H Sub for SB233. 

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