Present law provides that a teacher or other employee of a public school or LEA is not: (1) Required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex; (2) Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun; and (3) Subject to an adverse employment action for not using a student's preferred pronoun, if the student's preferred pronoun is inconsistent with the student's biological sex. Under present law, a public school or LEA is not civilly liable if a teacher or employee of the public school or LEA refers to a student using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun. This bill extends the provisions of (1) – (3) and the present law concerning civil immunity for public schools and LEAs to students and contractors of public schools and LEAs while at school and prohibits disciplinary action against a student or adverse action against a school contractor for failure to use a preferred pronoun that is inconsistent with the preferer's biological sex. This bill makes the provisions of (1) – (3) and the present law concerning civil immunity for public schools and LEAs applicable to the use of preferred pronouns of teachers, school employees, and school contractors that are inconsistent with such persons' biological sex. This bill adds that all persons who cannot be required to use a preferred pronoun that is inconsistent with biological sex cannot be required to use the preferred name of a student, teacher, employee, or contractor of a public school or LEA, if the individual's preferred name is not the individual's legal name or a derivative thereof. The same immunities that apply to not using a preferred pronoun will also apply to not using a name other than an individual's legal name or a derivative thereof. This bill prohibits a public school, LEA, or teacher, employee, or contractor of a public school or LEA from: (1) Asking a student, teacher, employee, or contractor of the public school or LEA to provide the individual's preferred pronouns; and (2) Subjecting a student, teacher, employee, or contractor of the public school or LEA to an adverse action or disciplinary action for refusing to provide the individual's preferred pronouns. This bill prohibits a teacher, employee, or contractor of a public school or LEA from: (1) Knowingly addressing or referring to an unemancipated minor student who is enrolled in the public school or LEA by a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex without first obtaining written consent to do so from the unemancipated minor student's parent or legal guardian; and (2) Asking a student to refer to the teacher, employee, or contractor using a pronoun or honorific that is inconsistent with the sex of the teacher, employee, or contractor. This bill creates a cause of action in favor of a student or the student's parent or legal guardian if the student is an unemancipated minor, teacher, employee, or contractor who is required to use, or acted against or punished for refusing to use, a preferred pronoun or name in violation of this bill. A plaintiff in any such action may pray for injunctive relief, monetary damages, and any other relief available under law. Additionally, the plaintiff may recover reasonable costs and attorney fees. The statute of limitations for an action under this bill is two years from the date of the violation. This bill creates prohibitions and causes of action, which are substantially the same as those described above in the context of public schools, related to requiring the use of a preferred pronoun that is inconsistent with an individual's biological sex or a name other than a person's legal name or a derivative thereof, for students, faculty, employees, and contractors of public institutions of higher education, and state employees and contractors. ON APRIL 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 937, AS AMENDED. AMENDMENT #1 replaces this bill's prohibition against a public institution of higher education or a faculty member, employee, or contractor of the institution asking a student, faculty member, employee, or contractor of the institution to provide the individual's preferred pronouns and subjecting a student, faculty member, employee, or contractor of the institution to an adverse action or disciplinary action for refusing to provide the individual's preferred pronouns. This amendment instead: (1) Prohibits a public institution of higher education or a faculty member, employee, or contractor of the institution from subjecting a student, faculty member, employee, or contractor of the institution to an adverse action or disciplinary action for refusing to provide the individual's preferred pronouns; and (2) Requires each public institution of higher education to annually notify students, faculty members, and employees of the institution of the prohibition in (1). The notice must be submitted to students, faculty members, and employees separate from any other notice or report provided by the institution. This amendment also clarifies that the provisions of this bill concerning state employees and contractors do not apply to an employee, faculty member, or contractor of a public institution of higher education who are covered by other provisions of this bill.

Statutes affected:
Introduced: 49-6-5102