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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
pronouns; names; sex; school policies
Purpose
Requires a public school to notify a student's parents within five days of the first time that a public school employee or independent contractor knowingly refers to a student under 18 years old by a pronoun that differs from the pronoun that aligns with the student's biological sex or a first name that is not listed in school records. Precludes a school district or charter school from requiring an employee or independent contractor to use a pronoun that differs from a person's biological sex if doing so is contrary to their convictions.
Background
Arizona's Parents’ Bill of Rights reserves parental rights to a parent of a minor child without interference from the state, a political subdivision or other governmental entity (governmental entity) or any other institution. Outlined rights include: 1) directing the child's education, upbringing and moral or religious training; 2) making health care decisions for the child; and 3) accessing and reviewing all records, including medical records, unless otherwise prohibited. A parent may bring suit against a government entity for any action that interferes with or usurps the fundamental rights of parents. Statute declares that parents have inalienable rights that are more comprehensive than those listed in the Parents' Bill of Rights, unless legally waived or terminated (A.R.S. §§ 1-601 and 1-602).
Each school district governing board must adopt a policy to promote parental involvement that includes plans and procedures for purposes relating to parent-teacher cooperation, parental notification and communication and objection to materials and activities. A parent may request information relating to parental involvement procedures, rights and responsibilities during regular business hours as outlined (A.R.S. § 15-102).
There is no anticipated fiscal impact to the state General Fund association with this legislation.
Provisions
1. Requires a public school to notify a student's parents within five days of the first time that a public school employee or independent contractor knowingly addresses, identifies or refers to the student who is under 18 years old by:
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 that is listed on the student's official school records, except a nickname that is commonly associated with the student's name of record.
2. Prohibits a school district or charter school from requiring an employee or independent contractor to address, identify or refer to a person by a pronoun that differs from the pronoun that aligns with the person's biological sex if doing so is contrary to the employee's or independent contractor's religious or moral convictions.
3. Directs each school district governing board and charter school governing body to adopt policies to implement the requirements.
4. Specifies that the requirements do not prohibit an employee or independent contractor from discussing matters of public concern outside the context of the person's official duties.
5. Defines biological sex as a person's immutable biological sex as determined by anatomy, physiology, genetics and hormones existing at the time of the person's birth.
6. Contains a severability clause.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2024
MH/slp