Left with no guidance from the NC Department of Public Instruction and facing January 1 deadline, Buncombe County School Board implements dangerous anti-LGBTQ+ law SB49.
On Thursday, December 7, the Buncombe County Board of Education voted on second reading to pass several policies that comply with S.B. 49, NC’s version of the “Don’t Say LGBTQ+” law. This law, passed in August following the NCGA’s override of Governor Roy Cooper’s veto, includes policies that censor LGBTQ-related content from school curriculum and require school personnel to “out” transgender students to parents, rather than allowing students to come out to their parents on their own terms.
Similar considerations are taking place across the state in recent weeks as a January 1 deadline looms for implementation of certain provisions of S.B. 49 – despite widespread confusion about what the law means and how schools should respond.
Craig White (he/they pronouns), Supportive Schools Director at the Campaign for Southern Equality, spoke at the school board meeting. He said, in a statement following the meeting:
“It’s beyond disheartening to see school boards like Buncombe County Schools feeling forced into the passage of discriminatory policies that attack, exclude, and stigmatize LGBTQ+ students and families. The fact is that S.B. 49 is inherently discriminatory, and any level of compliance contributes to the hostile educational environment that already exists in Buncombe County and across North Carolina. We look forward to joining in solidarity with students and teachers in NC by filing a formal civil rights complaint that demands investigation into the dangers of S.B. 49.”
In August, the NC Department of Public Instruction told school districts that it would provide guidance on how school districts are supposed to comply with S.B. 49 – but no guidance on the LGBTQ-specific elements has been published.
White continued:
“I wish that school districts in North Carolina would wait for this guidance from the Department of Public Instruction before taking action – because the truth is that there is not a way for DPI or any North Carolina school district to thread the needle on complying with S.B. 49 without violating Title IX. S.B. 49, and the lack of clarity from DPI, is putting teachers, administrators, and school board members into an impossible position, requiring compliance with an anti-LGBTQ+ law while still upholding a commitment to creating spaces where all young people can thrive, without mistreatment.”
In October, the Campaign for Southern Equality published a legal memorandum about S.B. 49, highlighting the many ways that S.B. 49 creates a hostile educational environment for LGBTQ+ students and, in doing so, violates Title IX of the Education Amendments of 1972, which bars discrimination based on sexual orientation and gender identity in schools. Click here to view the memo.
Now, CSE is preparing to file a federal civil rights complaint against DPI. Young people, parents, and administrators are encouraged to share their stories and concerns about the law by clicking here and filling out the form.
Learn more about S.B. 49 at the Campaign for Southern Equality’s S.B. 49 Resource Hub.
