Kenton County Schools has apologized after “inadvertently” sending a letter home to 63 students seeking parental consent to talk about sexual orientation, gender identity or gender expression with those children.
The letter, dated Aug. 14, asked parents or guardians if they consent or decline to have a school-based mental health provider talk to their child about the topics.
Kenton County Schools superintendent Henry Webb said in a press statement Monday that the letter was “sent inadvertently to these students” and was intended only for families of students who had previously disclosed information regarding gender or sexual orientation with school personnel.
“The letter that was sent was developed specifically for families that have students who have disclosed information to an adult in the school setting regarding gender orientation, identity, and/or expression,” Webb said. “This letter is in compliance with SB 150 of the 2023 legislative session that ensures that a school does not discuss these topics with a child that discloses this information without parental consent.”
SB 150 requires parental consent for schools to discuss human sexuality-related health topics with students and to refer students for health or mental health services out of the school setting, with notification required for in-school referrals. The law ignited controversy last year for banning gender-affirming care for transgender youth and prohibiting both the required use of preferred gender pronouns and transgender bathrooms in schools, among other restrictions.
Legislative candidate calls for investigation; school district stands firm
News of the Aug. 14 letter was shared Monday by local attorney and Boone County Republican state legislative candidate TJ Roberts, who sent out a press release that claimed some students among those whose families received the letter are in first grade.
Roberts said he is “calling for a full investigation into Kenton County School District to determine how this decision was made, who is responsible, and what can be done to prevent such disgusting efforts from happening again.”
Kenton County Schools public information director Jessica Dykes told LINK nky it is possible that a first grader’s family received the letter “inadvertently,” although she said no law was broken.
“Once again, it was an error that the letter went out, but this form did not violate any aspects of Kentucky law,” Dykes said.
Under SB 150 — a Republican-backed bill passed largely along party lines in 2023 — the age of a student is not explicitly a factor in parental consent for school health or mental health services. As a result, letters like the one sent on Aug. 14 could potentially be sent to the home of any public school student, regardless of age, if human sexuality-related health or mental health services are available at that child’s school.
The Kentucky Department of Education provided legislative guidance to schools on SB 150 last year. That guidance advised schools and districts to notify students about health or mental health services related to human sexuality, contraception or family planning at the start of the school year, allowing parents or guardians to opt their child out of specific services.
A student’s age was not mentioned as a factor for consent, where required, in the departmental guidance.
Schools are also required to notify parents about referrals for any health or mental health services, regardless of whether they are related to human sexuality or related topics.
District encourages parents to call with questions
Webb said in his statement Monday that the school district is updating the consent letter to ensure that its purpose is “clear moving forward. Additionally, we are communicating with district leadership to reiterate the purpose of the consent form .”
“We apologize for any confusion as the Kenton County School District is in complete compliance with all aspects of SB150 from the 2023 legislative session,” Webb said. “If you have additional questions, please contact our office at 859-344-8888.”
On Wednesday, Roberts said he stands by his call for an investigation. It should be an internal investigation by the school district, he said, with the results published.
“I would want to know how several copies of (the letter) wound up sent. I believe the results of said investigation should be published, along with steps to make sure an error like this never happens again,” said Roberts. “Transparency is key to good governance.
“While Senate Bill 150 does not base health services to students by grade level, I think we can all agree that initiating conversations about sex to first graders is remarkably inappropriate. Fortunately, Kenton County did not claim legality as an excuse, and they have – from my understanding – initiated corrective action,” he said.