ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: ED DP 4-3-0-0 | 3rd Read 16-13-1-0

SB 1166: pronouns; names; sex; school policies

Sponsor: Senator Kavanagh, LD 3

Committee on Appropriations

Overview

Directs a public school to notify a parent after the first time an employee or independent contractor knowingly addresses a student by a pronoun that differs from the pronoun that aligns with the student's biological sex or a first name not listed in school records. Prohibits a public school employee or independent contractor from being required to address a person by a pronoun that differs from the pronoun that aligns with the person's biological sex.

History

A person enrolling a pupil for the first time in a particular school district or private school must provide reliable proof of the pupil's identity and age. This documentation must be photocopied and placed in the pupil's school file. The school must 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).

The Parents' Bill of Rights asserts that: 1) a parent has the fundamental right to direct their child's upbringing, education, health care and mental health; and 2) a governmental entity may not infringe on parents' rights without demonstrating a compelling governmental interest. The Parents' Bill of Rights declares that parents have inalienable rights that are more comprehensive than the rights listed in statute (A.R.S. §§ 1-601, 1-602).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteInstructs a public school to notify a parent within five school days after the first time an employee or independent contractor knowingly addresses, identifies or refers to a student who is younger than 18 years old by a:

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

b)   first name that is not the first or middle name listed on the student's official school records, except a commonly associated nickname. (Sec. 1)

2.   Stipulates a public school 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)

3.   Directs each school district governing board and charter school governing body to adopt policies to implement these requirements. (Sec. 1)

4.   States a public school employee or independent contractor is not prohibited from discussing matters of public concern outside the context of their official duties. (Sec. 1)

5.   Defines biological sex. (Sec. 1)

6.   Contains a severability clause. (Sec. 2)

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