Schools must inform parents when they provide health care services to children, and guardians have the right to decline such services. If a school offers mental, emotional, or physical well-being services to students, it must notify parents about any changes related to these activities, including requests by students to identify with a gender contrary to their biological sex.
The bill prohibits school personnel from encouraging children to withhold information related to their health or well-being from parents unless such disclosure would lead to abuse or neglect.
All public schools are obligated to establish a process for resolving parents’ concerns about the issues covered in the bill.
The bill maintains that “a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child.”
In addition to sexuality and health-related issues, House Bill 8 also requires public schools to adopt a policy that allows students to be excused from school to attend religious instruction if parents approve of the measure.
“Parents, not government bureaucrats, should be making healthcare and education decisions for their kids. Governor DeWine has done an incredible service for Ohio families by signing House Bill 8 (HB8). Thank you, Governor, for protecting parental rights!” said Aaron Baer, president of the group.
“HB 8 had bipartisan opposition in the state legislature because it did nothing to create a school that welcomes LGBTQ+ Ohio students as they are and did nothing to support teachers in creating a safe learning environment,” said Equality Ohio Executive Director Dwayne Steward.
He said the bill “punishes” teachers and staff members of educational institutions for supporting students from the LGBT community who are “already targets of bullying and harassment.”
According to them, more than 1,000 school districts across the United States have instituted policies requiring parents not to be informed if their child starts using another pronoun or name at school.
“House Bill 8 would ensure schools, through parental exclusion policies or other measures, may not usurp the fundamental rights of parents to direct the care and upbringing of their children,” the group said.
The judge found that the state had a legitimate interest in protecting the health of minors.
Ohio Attorney General Dave Yost welcomed the court decision.
“This case has always been about the legislature’s authority to enact a law to protect our children from making irreversible medical and surgical decisions about their bodies,” said a spokesperson for Yost.
“The law doesn’t say ‘no’ forever; it simply says ‘not now’ while the child is still growing.”