SB 937

Present law provides that a teacher or other employee of a public school or LEA is not: (1) Required to use a stu dent'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 e mployee 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 biologica l 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 r eferring, 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 p r esent 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 ind i vidual'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, o r 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 c ontractor 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 address ing 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 obtai n ing 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, employe e, 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 refu sing 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 a t torney 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 instituti o ns 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 f aculty 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 i nstitution 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 insti tution 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 educat ion 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 bi l l. ON APRIL 16, 2025, THE HOUSE SUBSTITUTED SENATE BILL 937 FOR HOUSE BILL 1270, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 937, AS AMENDED. AMENDMENT #1 incorporates the changes made by Senate Amendment #1 and makes the following additional changes to this bill: (1) Prohibits a public school, LEA, or teacher, employee, or contractor of a public school or LEA from "requiring"" (instead of ""asking"") a student, teacher, employee, or contractor of the public school or LEA to provide the individual's pr eferred pronouns ; (2) Prohibits a teacher, employee, or contractor of a public school or LEA from ""requiring"" (instead of "" ask ing"") 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 ; (3) Adds a requirement that, prior to pursing a private right of action under this bill, an aggrieved party must first f ile a complaint within 10 days of the date of the violation, in writing, with the director of the public charter school or the director of schools for the LEA, as applicable, alleging a violation of this bill . The director shall require the public school or LEA to remedy a violation no later than 30 days from the date on which the complaint was f iled. The appropriate director, or the director's designee, shall notify the complainant, in writing, of the steps taken by the public school or LEA to address the alleged violation; and (4) Replaces the cause of action against the state with a requirem ent that e ach state board, commission, department, agency, and contractor annually notify its employees and personnel of th is bill's prohibition that applies to the state or a state employee or contractor of the state . The notice must be submitted to employees and personnel separate from any other notice or report provided by the state board, commission, department, agency, or contractor."