§2125. Pronouns and names; biological sex; parental permission; policies
A. As used in this Section, the following terms have the following meanings:
(1)"Employee" means any individual working in any capacity at a public school
including but not limited to teachers and other school employees, school bus operators,
extracurricular personnel, and independent contractors.
(2)"Legal name" means a person's name as may be evidenced on his original birth
certificate issued at or near the time of birth.
(3)"Parent" means a student's parent or legal guardian.
(4)"Sex" means a person's immutable biological sex, either female or male, as may
be evidenced on his original birth certificate issued at or near the time of birth.
(a)"Female" means an individual whose biological reproductive system is
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§2125. Pronouns and names; biological sex; parental permission; policies
A. As used in this Section, the following terms have the following meanings:
(1) "Employee" means any individual working in any capacity at a public school
including but not limited to teachers and other school employees, school bus operators,
extracurricular personnel, and independent contractors.
(2) "Legal name" means a person's name as may be evidenced on his original birth
certificate issued at or near the time of birth.
(3) "Parent" means a student's parent or legal guardian.
(4) "Sex" means a person's immutable biological sex, either female or male, as may
be evidenced on his original birth certificate issued at or near the time of birth.
(a) "Female" means an individual whose biological reproductive system is developed
to produce ova and who has, had, will have, or would have, but for a developmental or
genetic anomaly or historical accident, the reproductive system that at some point produces,
transports, and utilizes eggs for fertilization.
(b) "Male" means an individual whose biological reproductive system is developed
to fertilize the ova of a female who has had, will have, or would have, but for a
developmental or genetic anomaly or historical accident, the reproductive system that at
some point produces, transports, and utilizes sperm for fertilization.
(5) "Student" means a person enrolled at a public school on a full-time or part-time
basis.
B.(1) A public school governing authority shall not adopt a policy that provides for
an inquiry of an employee's pronouns that is inconsistent with the employee's sex or provides
for an inquiry of an employee's name other than the employee's legal name, or a derivative
thereof.
(2) A public school governing authority shall not adopt a policy that provides for an
inquiry of a student's pronouns that is inconsistent with the student's sex or provides for an
inquiry of a student's name other than the person's legal name, or a derivative thereof.
C.(1)(a) An employee shall not be required to address a student by a name other than
the student's legal name, or a derivative thereof, and the employee shall not be required to
use a pronoun that is inconsistent with the student's sex.
(b) An employee shall not be subject to adverse employment action for declining or
refusing to do any of the following:
(i) Address a person using a name other than the person's legal name, or a derivative
thereof, or by a pronoun that is inconsistent with the person's sex.
(ii) Identify his own pronouns, in violation of Subsection B of this Section.
(c) A student shall not be subject to disciplinary action by a public school for
declining or refusing to do any of the following:
(i) Address a person using a name other than the person's legal name, or a derivative
thereof, or by a pronoun that is inconsistent with the person's sex.
(ii) Identify his own pronouns, in violation of Subsection B of this Section.
(2) If a school employee refers to a minor student by a pronoun that is inconsistent
with the student's sex or refers to the student by a name other than the student's legal name,
or a derivative thereof, the parent may seek corrective action by the school principal so that
the student will be addressed according to the student's sex, as defined in Subsection A of
this Section.
(a) If the school principal intentionally refuses to implement corrective action, then
the parent shall have remedies pursuant to Subsection D of this Section.
(b) If, after the school principal implements corrective action, an employee
intentionally refuses to honor the corrective action, then the parent shall have remedies
pursuant to Subsection D of this Section.
D.(1) An employee, a parent of a minor student, or a student who has reached the age
of majority aggrieved by an intentional violation of this Subsection by a public school shall
have a private cause of action for injunctive relief, monetary damages, reasonable attorney
fees and costs, and any other appropriate relief.
(2) All civil actions brought pursuant to this Section shall be initiated within two
years of the violation occurring.
E. Each public school governing authority shall adopt policies for implementing the
provisions of this Section and provide such policies to employees.
F. This Section shall not be construed to permit employees to disclose student
information as prohibited under the Federal Education Records Privacy Act (FERPA), 20
U.S.C. 1232(g).