ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: ED DP 4-2-1-0 | 3rd Read 17-12-1-0 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB1002: pronouns; biological sex; school policies

Sponsor: Senator Kavanagh, LD 3

Committee on Regulatory Oversight

Overview

Prohibits a school district or charter school (public school) employee or independent contractor (employee) from knowingly addressing a student by a pronoun that differs from the one that aligns with the student's biological sex or a first name that differs from the student's official school records without 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 must enroll the pupil using the name printed on the pupil's birth certificate or other proof, but the pupil may be called by any name the 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).

A similar bill was introduced in the 56th Legislature, 1st Regular Session, and was vetoed by the Governor (SB 1001 pronouns; biological sex; school policies).

Provisions

1.   Prohibits public school employees without written parental permission to knowingly address, identify or refer to an underage student by: 

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

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

2.   Authorizes employees to address, identify or refer to a student by a nickname commonly associated with the student's name of record. (Sec. 1)

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

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

5.   Allows employees to discuss matters of public concern outside the confines of their official duties. (Sec. 1)

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9.                     SB 1002

10.  Initials  DC/GG   Page 0 Regulatory Oversight

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