Text of LA HB 121 (2024)

HLS 24RS-542 ORIGINAL 2024 Regular Session HOUSE BILL NO. 121 BY REPRESENTATIVE CREWS EDUCATION: Provides relative to the use of certain names and pronouns for students 1 AN ACT 2 To enact R.S. 17:2122 and 3996(B)(82), relative to education; to require school employees 3 to use certain names and pronouns for students unless parents have provided written 4 permission to do otherwise; to provide that a school employee shall not be required 5 to refer to any person by certain pronouns if contrary to the employee's religious or 6 moral convictions; to require each public school governing authority to adopt 7 policies; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. This Act shall be known and may be cited as the "Given Name Act". 10 Section 2.(A) The legislature finds that: 11 (1) The Fourteenth Amendment of the Constitution of the United States of 12 America protects the right of parents to direct the care, upbringing, education, and 13 welfare of their children. 14 (2) The United States Supreme Court has held that: "[T]he Due Process 15 Clause does not permit a State to infringe on the fundamental right of parents to 16 make child rearing decisions simply because a state judge believes a 'better' decision 17 could be made". Troxel v. Granville, 530 U.S. 57, at 72-73 (plurality op.). 18 (3) The United States Supreme Court has explained that the liberty specially 19 protected by the Due Process Clause of the Fourteenth Amendment of the 20 Constitution of the United States of America includes the right "to direct the Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-542 ORIGINAL HB NO. 121 1 education and upbringing of one's children". Washington v. Glucksberg, 521 U.S. 2 702, 720 (1997). 3 (4) In Garcetti v. Ceballos, 547 U.S. 410 (2006), the United States Supreme 4 Court has held that public employees do not retain First Amendment protection for 5 speech uttered in the context of their official duties as they are not speaking as public 6 citizens. 7 (5) Individuals under the age of eighteen are minors, and the courts have 8 recognized their immaturity and the unique nature of the public school setting. 9 (B) It is the intent of the legislature that the public education system uphold 10 the constitutional and long-recognized rights of parents and that appropriate 11 limitations be set on employee speech within the context of public education. 12 Section 3. R.S. 17:2122 and 3996(B)(82) are hereby enacted to read as follows: 13 §2122. Pronouns and names; biological sex; parental permission; policies 14 A. As used in this Section, the following terms have the following meanings: 15 (1) "Employee" means any individual working in any capacity at a public 16 school, whether paid or as a volunteer, including but not limited to teachers and other 17 school employees, school bus operators, extracurricular personnel, and independent 18 contractors. 19 (2) "Parent" means a student's parent or legal guardian. 20 (3) "Sex" means a person's biological sex as listed on his original birth 21 certificate. 22 (4) "Student" means a public school student under the age of eighteen who 23 has not been legally emancipated. 24 B.(1)(a) An employee shall use the name, or a derivative thereof, for a 25 student that is listed on the student's birth certificate unless the student's parent 26 provides written permission to do otherwise. 27 (b) An employee shall use the pronouns for a student that align with the 28 student's sex unless the student's parent provides written permission to do otherwise. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-542 ORIGINAL HB NO. 121 1 (2) If a teacher objects to using a pronoun for a student based on the teacher's 2 religious or moral convictions, the student's parent may request a transfer to another 3 teacher. 4 (3) Nothing in this Subsection shall be construed to prohibit employees from 5 discussing matters of public concern outside the context of their official duties. 6 (4) Any individual aggrieved by an intentional violation of this Subsection 7 may seek relief. However, a school employee shall not be held liable if the 8 administration fails to provide information provided in Paragraph (1) of this 9 Subsection. 10 C. Each public school governing authority shall adopt policies for 11 implementing the provisions of this Section. 12 D. Employees are prohibited from discussing the application of this Section 13 relative to a student's preferred name and pronouns with other students. 14 E. No employee shall be required to use pronouns for any person that differ 15 from the pronouns that reflect the sex indicated on the person's birth certificate if 16 doing so would violate the teacher or employee's sincerely held religious beliefs that 17 are protected pursuant to the Louisiana Employment Discrimination Law, Chapter 18 3-A of Title 23 of the Louisiana Revised Statutes of 1950 (R.S. 23:301, et seq.); the 19 Preservation of Religious Freedom Act, Part XIX of Chapter 32 of Title 13 of the 20 Louisiana Revised Statutes of 1950 (R.S. 13:5231, et seq.); or Title VII of the Civil 21 Rights Act of 1964 (42 U.S.C. §2000e, et seq.). 22 * * * 23 §3996. Charter schools; exemptions; requirements 24 * * * 25 B. Notwithstanding any state law, rule, or regulation to the contrary and 26 except as may be otherwise specifically provided for in an approved charter, a 27 charter school established and operated in accordance with the provisions of this 28 Chapter and its approved charter and the school's officers and employees shall be 29 exempt from all statutory mandates or other statutory requirements that are Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-542 ORIGINAL HB NO. 121 1 applicable to public schools and to public school officers and employees except for 2 the following laws otherwise applicable to public schools with the same grades: 3 * * * 4 (82) Names and pronouns, R.S. 17:2122. 5 * * * DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 121 Original 2024 Regular Session Crews Abstract: Provides relative to the use of certain names and pronouns for students. Proposed law requires school employees to: (1) Use the name for a student listed on his birth certificate, or a derivative thereof, unless granted written permission by parents to do otherwise. (2) Use the pronoun for a student aligning with his sex unless granted written permission by parents to do otherwise. Proposed law provides that an employee is not required to use pronouns for any person differing from the pronouns reflecting the sex indicated on the person's birth certificate if doing so violates the employee's sincerely held religious beliefs. Authorizes parents to request a transfer to another teacher if a teacher objects to using a pronoun for a student on the grounds of religious or moral convictions. Proposed law defines an "employee" as any individual working in any capacity at a public school, paid or volunteer, including but not limited to teachers and other school employees, school bus operators, extracurricular personnel, and independent contractors, and defines "sex" as the biological sex as listed on the person's original birth certificate. Proposed law further provides: (1) That proposed law shall not be construed to prohibit employees from discussing matters of public concern outside the context of their official duties. (2) That any individual aggrieved by an intentional violation of proposed law may seek relief; however, provides that a school employee shall not be held liable if the administration fails to provide information relative to a student's name or pronouns. (3) That employees are prohibited from discussing the application of proposed law relative to a student's preferred name and pronouns with other students. (4) That each public school governing authority is required to adopt policies for proposed law implementation. (Adds R.S. 17:2122 and 3996(B)(82)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

ENROLLED ACT No. 680 2024 Regular Session HOUSE BILL NO. 121 BY REPRESENTATIVES CREWS, AMEDEE, EDMONSTON, FIRMENT, MCCORMICK, AND SCHAMERHORN AND SENATORS ABRAHAM, BASS, CLOUD, EDMONDS, HODGES, MIGUEZ, SEABAUGH, AND STINE 1 AN ACT 2 To enact R.S. 17:2122 and 3996(B)(82), relative to education; to provide with respect to the 3 use of certain names and pronouns for students and employees; to prohibit public 4 school governing authorities from adopting certain policies; to provide with respect 5 to school employees; to provide with respect to students; to provide for remedies and 6 corrective actions; to require each public school governing authority to adopt 7 policies; to provide for civil liability; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. This Act shall be known and may be cited as the "Given Name Act". 10 Section 2.(A) The legislature finds that: 11 (1) The Fourteenth Amendment of the Constitution of the United States of 12 America protects the right of parents to direct the care, upbringing, education, and 13 welfare of their children. 14 (2) The United States Supreme Court has held that: "[T]he Due Process 15 Clause does not permit a State to infringe on the fundamental right of parents to 16 make child rearing decisions simply because a state judge believes a 'better' decision 17 could be made". Troxel v. Granville, 530 U.S. 57, at 72-73 (plurality op.). 18 (3) The United States Supreme Court has explained that the liberty specially 19 protected by the Due Process Clause of the Fourteenth Amendment of the 20 Constitution of the United States of America includes the right "to direct the 21 education and upbringing of one's children". Washington v. Glucksberg, 521 U.S. 22 702, 720 (1997). Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 121 ENROLLED 1 (4) In Garcetti v. Ceballos, 547 U.S. 410 (2006), the United States Supreme 2 Court has held that public employees do not retain First Amendment protection for 3 speech uttered in the context of their official duties as they are not speaking as public 4 citizens. 5 (5) Individuals under the age of eighteen are minors, and the courts have 6 recognized their immaturity and the unique nature of the public school setting. 7 (6) However, the United States Supreme Court has also recognized "it can 8 hardly be argued that either students or teachers shed their constitutional rights to 9 freedom of speech of expression at the schoolhouse gate. This has been the 10 unmistakable holding of this Court for almost 50 years." Tinker v. Des Moines 11 Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969). 12 (7) And under the First Amendment, "the government may not compel a 13 person to speak its own preferred messages. Nor does it matter whether the 14 government seeks to compel a person to speak its message when he would prefer to 15 remain silent or to force an individual to include other ideas with his own speech that 16 he would prefer not to include." 303 Creative LLC v. Elenis, 600 U.S. 570, 586 17 (2023). 18 (B) It is the intent of the legislature that the public education system uphold 19 the constitutional and long-recognized rights of parents, students, and teachers within 20 the context of public education. 21 Section 3. R.S. 17:2122 and 3996(B)(82) are hereby enacted to read as follows: 22 §2122. Pronouns and names; biological sex; parental permission; policies 23 A. As used in this Section, the following terms have the following meanings: 24 (1) "Employee" means any individual working in any capacity at a public 25 school including but not limited to teachers and other school employees, school bus 26 operators, extracurricular personnel, and independent contractors. 27 (2) "Legal name" means a person’s name as may be evidenced on his 28 original birth certificate issued at or near the time of birth. 29 (3) "Parent" means a student's parent or legal guardian. Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 121 ENROLLED 1 (4) "Sex" means a person's immutable biological sex, either female or male, 2 as may be evidenced on his original birth certificate issued at or near the time of 3 birth. 4 (a) "Female" means an individual whose biological reproductive system is 5 developed to produce ova and who has, had, will have, or would have, but for a 6 developmental or genetic anomaly or historical accident, the reproductive system 7 that at some point produces, transports, and utilizes eggs for fertilization. 8 (b) "Male" means an individual whose biological reproductive system is 9 developed to fertilize the ova of a female who has had, will have, or would have, but 10 for a developmental or genetic anomaly or historical accident, the reproductive 11 system that at some point produces, transports, and utilizes sperm for fertilization. 12 (5) "Student" means a person enrolled at a public school on a full-time or 13 part-time basis. 14 B.(1) A public school governing authority shall not adopt a policy that 15 provides for an inquiry of an employee's pronouns that is inconsistent with the 16 employee's sex or provides for an inquiry of an employee's name other than the 17 employee's legal name, or a derivative thereof. 18 (2) A public school governing authority shall not adopt a policy that 19 provides for an inquiry of a student's pronouns that is inconsistent with the student's 20 sex or provides for an inquiry of a student's name other than the person's legal name, 21 or a derivative thereof. 22 C.(1)(a) An employee shall not be required to address a student by a name 23 other than the student's legal name, or a derivative thereof, and the employee shall 24 not be required to use a pronoun that is inconsistent with the student's sex. 25 (b) An employee shall not be subject to adverse employment action for 26 declining or refusing to do any of the following: 27 (i) Address a person using a name other than the person's legal name, or a 28 derivative thereof, or by a pronoun that is inconsistent with the person's sex. 29 (ii) Identify his own pronouns, in violation of Subsection B of this Section. Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 121 ENROLLED 1 (c) A student shall not be subject to disciplinary action by a public school for 2 declining or refusing to do any of the following: 3 (i) Address a person using a name other than the person's legal name, or a 4 derivative thereof, or by a pronoun that is inconsistent with the person's sex. 5 (ii) Identify his own pronouns, in violation of Subsection B of this Section. 6 (2) If a school employee refers to a minor student by a pronoun that is 7 inconsistent with the student's sex or refers to the student by a name other than the 8 student's legal name, or a derivative thereof, the parent may seek corrective action 9 by the school principal so that the student will be addressed according to the 10 student's sex, as defined in Subsection A of this Section. 11 (a) If the school principal intentionally refuses to implement corrective 12 action, then the parent shall have remedies pursuant to Subsection D of this Section. 13 (b) If after the school principal implements corrective action, an employee 14 intentionally refuses to honor the corrective action, then the parent shall have 15 remedies pursuant to Subsection D of this Section. 16 D.(1) An employee, parent of a minor student, or a student who has reached 17 the age of majority aggrieved by an intentional violation of this Subsection by a 18 public school shall have a private cause of action for injunctive relief, monetary 19 damages, reasonable attorney fees and costs, and any other appropriate relief. 20 (2) All civil actions brought pursuant to this Section shall be initiated within 21 two years of the violation occurring. 22 E. Each public school governing authority shall adopt policies for 23 implementing the provisions of this Section and provide such policies to employees. 24 F. This Section shall not be construed to permit employees to disclose 25 student information as prohibited under the Federal Education Records Privacy Act 26 (FERPA), 20 U.S.C.A. §1232(g). 27 * * * 28 §3996. Charter schools; exemptions; requirements 29 * * * Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 121 ENROLLED 1 B. Notwithstanding any state law, rule, or regulation to the contrary and 2 except as may be otherwise specifically provided for in an approved charter, a 3 charter school established and operated in accordance with the provisions of this 4 Chapter and its approved charter and the school's officers and employees shall be 5 exempt from all statutory mandates or other statutory requirements that are 6 applicable to public schools and to public school officers and employees except for 7 the following laws otherwise applicable to public schools with the same grades: 8 * * * 9 (82) Names and pronouns, R.S. 17:2122. 10 * * * 11 Section 2. If any provision or item of this Act, or the application thereof, is held 12 invalid, such invalidity shall not affect other provisions, items, or applications of the Act 13 which can be given effect without the invalid provision, item, or application and to this end 14 the provisions of this Act are hereby declared severable. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.