Senate Bill 351, from Sen. Gex Williams (R-Verona), says teaching licenses could not be issued to or renewed for educators who have been “treated for or diagnosed with any disorder that is excluded from the Americans with Disabilities Act of 1990” based on the criteria used at that time.

ADA excluded a short list of disorders from federal protections for those with disabilities, including a few options of now-outdated language around being transgender or having what is now known as gender dysphoria. 

The short list also includes pedophilia, compulsive gambling, kleptomania, pyromania and substance use disorders tied to illegal drug use. 

Current or would-be educators would need to swear under perjury that they’ve never been treated for or diagnosed with one of the impacted disorders when they apply for or go to renew their teaching license. 

Under SB 351, Kentucky’s teacher certification board would be required to investigate any and all complaints against educators who someone says may be showing “easily identifiable” signs and symptoms of a disorder, including potentially forcing teachers to undergo medical examinations and provide the results to the board in order to keep teaching or lose their license. 

Eric Russ, the executive director of the Kentucky Psychological Association, said the organization strongly opposes the bill. 

“Psychological science shows us that LGBTQ+ youth are harmed by the absence of supportive educators,” a statement from the KPA reads. “This bill would deter teachers from seeking mental health care, require sworn perjury statements about abandoned diagnoses, and remove qualified educators based on identity rather than conduct.” 

SB 351 would require professionals to use decades-old criteria, rather than current medical standards. 

“Psychology, like all sciences, evolves to reflect advances in understanding of neuroscience, epidemiology, medicine, and behavioral health,” KPA’s statement says. “By anchoring this law to the outdated 1987 DSM-III-R, the bill invokes classifications the profession abandoned decades ago for lack of scientific support, including the characterization of homosexuality and gender nonconformity as diagnosable disorders.”

Compelled medical examinations also bring significant ethical concerns and questions from providers and educators alike, along with fears that outting someone for getting mental health treatment will worsen the stigma tied to receiving such care. 

SB 351 was filed Monday — the last day to file new bills in the Kentucky Senate. Kentucky lawmakers have until April 1 to pass bills that Gov. Andy Beshear — a vocal supporter of both the LGBTQ+ community and Kentucky’s public educators — may veto.