School restrooms are centers of controversy these days. Transgender and LGBTQ+ individuals may seek to use a bathroom labeled for the gender with which they identify, while other students may want to keep restrooms segregated by biological sex. Students on each side of the issue say their rights are being infringed upon when bathroom choice is either allowed or restricted. In Ohio, Governor Mike DeWine put an end to the arguments when he signed legislation limiting access to certain restrooms in K-12 schools and colleges based on biological sex. Proponents of the law say it will protect children while they are in private spaces, while others assert it will jeopardize transgender and LGBTQ+ students' safety.

If you are at odds with a school or college regarding bathrooms, the Lento Law Firm can help, regardless of where you stand on the matter. The firm's attorneys have nationwide experience protecting all students, including transgender and LGBTQ+ individuals, who are concerned about their rights and safety at school. Get in touch with us by calling 888-535-3686 or filling out this online form to contact us.

Ohio's New Law on School Bathroom Access

Ohio's Protect All Students Act takes effect in late February 2025, according to a news report. The law says schools must label each multi-occupancy student restroom, locker room, changing room, or shower room as being for the exclusive use of individuals of the male biological sex or the female biological sex. The legislation says a school cannot allow a member of one biological sex to use a student bathroom, locker room, changing room, or shower room designated for the use of the other biological sex. In addition, the statute prohibits schools from having multi-occupancy restrooms that are open to all genders.

The act defines biological sex as having the biological indicators of male or female at birth, including sex chromosomes, naturally occurring sex hormones and internal and external genitalia. The law does not take an individual's subjective gender experience into account.

The act applies to most public and private K-12 schools and colleges and universities in Ohio.

Exceptions to Ohio's Limits on School Bathroom Use

The new legislation only discusses multi-occupancy student bathrooms. It does not apply to family restrooms or shower rooms that have only one toilet or shower. Further, the law does not prevent a school from providing single-occupancy bathrooms or permitting student use of faculty restrooms.

Ohio's law contains exceptions and permits bathroom access for:

• Parents and guardians assisting children under 10;
• A person helping a disabled individual;
• A school employee whose job requires entrance to a restroom, locker room, changing room, or shower room designated for the opposite biological sex and
• A person who is responding to an emergency and enters a restroom, locker room, changing room, or shower room designated for the opposite biological sex.

Lastly, the statute does not contain provisions on enforcement or mention whether the state will assess penalties against individuals or schools for violations. The lack of this information may cause confusion for students and school staff going forward.

If You Are Concerned about Bathroom Choice at School, the Lento Law Firm Can Assist You

Ohio's law is part of a growing nationwide trend against allowing transgender and LGBTQ+ students to use the bathroom of their choice. If you are not seeing eye to eye with your school or college on restroom restrictions, the Lento Law Firm is ready to assist you, whether you are for or against such limitations and regardless of your location. The Lento Law Firm's Education Law Team has the skills and knowledge you need when it comes to disputes with a school. Call 888-535-3686 to tell us about your concerns or reach out by completing this online form.