ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: ED DPA 4-3-0-0 | 3rd Read 16-12-2-0

House: APPROP DP 9-6-0-0

SB 1001: pronouns; biological sex; school policies

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Prohibits a school district or charter school (public school) employee or independent contractor from knowingly addressing a student under the age of 18 by a pronoun that differs from the pronoun that aligns with the student's biological sex or a first name that differs from the student's official school records without written parental permission.

History

A person enrolling a pupil for the first time in a particular school district or private school must provide a certified copy of the pupil's birth certificate or other reliable proof of the pupil's identity and age. The submitted documentation must be photocopied and placed in the pupil's school file. The school district or school is to enroll the pupil using the name printed on the pupil's birth certificate or other proof, though, the pupil may be called by any name their guardian wishes (A.R.S. § 15-828).

All parental rights are exclusively reserved to a minor child's parent without obstruction or interference from any governmental entity or institution. The Parents' Bill of Rights details parental rights, including the right to: 1) direct a minor child's education; 2) access and review all records relating to the minor child; and 3) direct the upbringing and moral or religious training of the minor child. A governmental entity or institution may not infringe on these rights unless there is a compelling governmental interest that meets specified criteria (A.R.S. §§ 1-601, 1-602).

Provisions

1.   Prohibits a public school employee or independent contractor, unless the public school receives written parental permission, from knowingly addressing, identifying or referring to a student who is under the age of 18 by:☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

a)   a pronoun that differs from the pronoun that aligns with the student's biological sex; or

b)   a first name other than the first or middle name listed on the student's official school records. (Sec. 1)

2.   Allows an employee or independent contractor to address, identify or refer to a student by a nickname commonly associated with the student's name of record. (Sec. 1)

3.   Stipulates an employee or independent contractor, if it is contrary to their religious or moral convictions, may not be required to address, identify or refer to a person by a pronoun that differs from the pronoun that aligns with the person's biological sex. (Sec. 1)

4.   Instructs a school district governing board or charter school governing body to adopt policies to implement these procedures and prohibitions. (Sec. 1)

5.   Allows an employee or independent contractor to discuss matters of public concern outside the context of their official duties. (Sec. 1)

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9.                     SB 1001

10.  Initials CH Page 0 House Engrossed

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