HB 1262

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 pronou n 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 s tudent's preferred prono un; 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 b ill extends the provisions of (1) – (3) and the present law concerning civil immunity for public schools and LEAs to students of public schools and LEAs while at school and prohibits disciplinary action against a student for failure to use a preferred pro n oun 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 and school employee s that are inconsistent with such persons' biological sex. This bill clarifies that the immunity from civil liability in (2) and the present law concerning civil immunity for public schools and LEAs is for causes of action arising under state law.