Present law requires an educator to strive to help each student realize the student's potential as a worthy and effective member of society. Present law provides that an educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. In fulfillment of this obligation to the student, present law prohibits an educator, among other things, from unfairly excluding any student from participation in any program, denying benefits to a student, or granting any advantage to a student on the basis of the following:
(1) Race; color; creed; disability; sex; national origin; marital status; political or religious beliefs; or
(2) Family, social, or cultural background; or sexual orientation.
This bill deletes (2) and provides, instead, that an educator must not unfairly exclude any student from participation in any program, deny benefits to a student, or grant any advantage to a student on the basis of family background or the student's membership in a protected class under federal or state law.
FAMILY LIFE CURRICULUM
Not less than 30 days prior to commencing instruction of a sexual orientation curriculum or gender identity curriculum, present law requires each LEA or public charter school to notify the parent or guardian of each student whom the LEA or charter school anticipates will be present for instruction in the curriculum that:
(1) The LEA or charter school is providing a sexual orientation curriculum or gender identity curriculum; and
(2) The parent or guardian may examine the instructional materials and confer with the student's instructor, school counselor, or principal, as designated by the LEA or public charter school, regarding any or all portions of the curriculum.
Present law generally requires a student's parent or legal guardian, or the student if the student is at least 18, to provide a written, informed, and voluntarily signed consent to the student's LEA or public charter school for the student to receive instruction of a sexual orientation curriculum or gender identity curriculum. If consent is not received, then the student is excused from receiving instruction of a sexual orientation curriculum or gender identity curriculum and must not be penalized for grading purposes by the student's LEA or public charter school.
Present law defines “gender identity” as having the same meaning as provided in the Diagnostic and Statistical Manual (DSM-5). This bill removes the definition of gender identity.
ON APRIL 8, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2766 FOR HOUSE BILL 1634, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2766, AS AMENDED.
AMENDMENT #1 makes the following changes to the bill:
(1) Revises the provision in the bill that revises the present law to prohibit a educator from unfairly excluding any student from participation in any program, denying benefits to a student, or granting any advantage to a student on the basis of the following: race; color; creed; disability; sex; national origin; marital status; political or religious beliefs; family background; or the student's membership in a protected class under federal or state law by, instead, prohibiting a educator from unfairly excluding any student from participation in any program, denying benefits to a student, or granting any advantage to a student on any basis; and
(2) Deletes the provision in the bill that removes the definition of gender identity from the definition section of the law relevant to family life curriculum.

Statutes affected:
Introduced: 49-5-1003(b)(10), 49-5-1003, 49-6-1301