Text of AL HB 246 (2025)

Public schools, colleges, and universities; immunity provided to students and teachers who decline to use certain pronouns or names

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As introduced

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HB246 INTRODUCED Page 0 HB246 5FUN3M6-1 By Representatives Stadthagen, Kiel, Colvin, Kirkland, Standridge RFD: Education Policy First Read: 11-Feb-25 1 2 3 4 5 6 5FUN3M6-1 01/10/2025 OW (L)cr 2024-3199 Page 1 SYNOPSIS: This bill would prohibit employees of public schools and public institutions of higher education from using names or pronouns inconsistent with a student's legal name or biological sex without written permission from the student's parent or guardian. This bill would protect employees from adverse employment action for declining to use a name other than a legal name or a pronoun other than a pronoun corresponding to the student's biological sex or for declining to identify his or her own pronouns. This bill would protect students from disciplinary action for declining to use a name other than a legal name or a pronoun other than a pronoun corresponding to the student's biological sex or for declining to identify his or her own pronouns. This bill would create a private cause of action against a public school or public institution of higher education for injunctive relief for individuals harmed by violations. A BILL TO BE ENTITLED AN ACT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB246 INTRODUCED Page 2 Relating to public schools and public institutions of higher education; to restrict the use of names or pronouns inconsistent with a student's legal name or biological sex without consent from a parent or guardian; to protect teachers and students from adverse actions for declining to use or identify pronouns; and to provide for a cause of action against a public school or institution of higher education for violations. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This provision shall be known and may be cited as the Free to Speak Act. Section 2. For the purposes of this act, the following terms have the following meanings: (1) FEMALE. An individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historic accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (3) MALE. An individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historic accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (3) SEX. An individual's biological sex, either male or female, as observed or clinically verified at birth. Section 3. (a) An employee of a public school or public institution of higher education, regardless of the scope of 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB246 INTRODUCED Page 3 his or her official duties: (1) Shall not knowingly and intentionally address an unemancipated minor student 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 the written permission of a student's parent or guardian; (2) Shall not be subject to adverse employment action for declining to address an unemancipated minor student using 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; and (3) Shall not be subject to adverse employment action for declining to identify his or her pronouns. (b) A student of a public school or public institution of higher education shall not be subject to any disciplinary action for declining to: (1) Address an individual using a name other than the individual's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the individual's sex in a school setting; or (2) Identify his or her pronouns. Section 4. (a) Any individual who is harmed by a violation of this act shall have a private cause of action against the public school or public institution of higher education for injunctive relief, monetary damages, reasonable attorney fees and costs, and any other appropriate relief. (b) All civil actions brought pursuant to this section must be initiated within two years after the violation 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB246 INTRODUCED Page 4 occurred. Section 5. This act shall become effective on October 1, 2025. 85 86 87