Text of MN HF 4394 (2024)

1.1 A bill for an act​ 1.2 relating to education; requiring a gender inclusion policy; amending Minnesota​ 1.3 Statutes 2022, section 128C.02, by adding a subdivision; proposing coding for​ 1.4 new law in Minnesota Statutes, chapter 121A.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [121A.033] GENDER INCLUSION POLICY.​ 1.7 Subdivision 1. Scope and purpose. The gender inclusion policy is intended to ensure​ 1.8 student access to public school programming, activities, and facilities for each student​ 1.9 regardless of their sexual orientation, gender identity, gender expression, or gender​ 1.10 nonconformity.​ 1.11 Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the​ 1.12 meanings given.​ 1.13 (b) "Gender" refers to the socially constructed roles, activities, behaviors, and attributes​ 1.14 that a given society attaches to femininity or masculinity.​ 1.15 (c) "Gender expression" means the external appearance, characteristics, or behaviors​ 1.16 typically associated with a specific gender.​ 1.17 (d) "Gender identity" has the meaning provided in section 363A.03, subdivision 50.​ 1.18 (e) "Gender nonbinary" refers to people who transcend commonly held concepts of​ 1.19 gender through their own expressions and identities. Other terms meaning the same thing​ 1.20 include gender diverse, gender expansive, gender creative, gender nonconforming, or​ 1.21 genderqueer.​ 1​ Section 1.​ REVISOR CR/KR 24-07181​ 02/22/24 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4394​ NINETY-THIRD SESSION​ Authored by Finke; Curran; Youakim; Lee, K.; Frazier and others​ 02/28/2024​ The bill was read for the first time and referred to the Committee on Education Policy​ 2.1 (f) "Gender nonconforming" means an individual whose gender expression differs from​ 2.2 stereotypical expectations or who is perceived as androgynous or gender nonbinary.​ 2.3 (g) "Public school" or "school" means a public school under section 120A.05, subdivisions​ 2.4 9, 11, 13, and 17, and a charter school under chapter 124E.​ 2.5 (h) "Sexual orientation" has the meaning provided in section 363A.03, subdivision 44.​ 2.6 (i) "Student" means a student enrolled in a school under paragraph (g).​ 2.7 (j) "Transgender" is an umbrella term for people whose gender identity, gender​ 2.8 expression, or behavior does not conform with that typically associated with the sex to​ 2.9 which they were assigned at birth.​ 2.10 Subd. 3. State model policy. The commissioner must develop, maintain, and make​ 2.11 available to school districts and charter schools a state model gender inclusion policy​ 2.12 consistent with the policy requirements of subdivision 4.​ 2.13 Subd. 4. School policy. (a) A school district or charter school board, in consultation​ 2.14 with students, parents, and community organizations, to the extent practicable, must adopt,​ 2.15 implement, and where appropriate, review and revise on a cycle consistent with other district​ 2.16 policies, a written policy on gender inclusion consistent with this section. The policy must​ 2.17 require, at a minimum, a district or charter school to:​ 2.18 (1) respect all students' sexual orientation, gender identity, gender expression, and gender​ 2.19 nonconformity;​ 2.20 (2) identify and address students by their preferred names and pronouns that align with​ 2.21 their gender identity;​ 2.22 (3) upon the request of a student and their parent or guardian, change student names and​ 2.23 pronouns in school digital systems, to the extent possible, to align with their gender identity.​ 2.24 Medical documentation or legal verification of a student's name change is not required;​ 2.25 (4) within academic programming, prohibit the separation of students and curricular​ 2.26 materials based on gender unless it serves as a legitimate pedagogical tool;​ 2.27 (5) provide all students the opportunity to participate in cocurricular and extracurricular​ 2.28 activities in a manner consistent with their gender identity, including but not limited to​ 2.29 intramural and interscholastic athletics, and in conformance with applicable Minnesota State​ 2.30 High School League rules and regulations adopted under section 128C.02, subdivision 10;​ 2.31 (6) provide all students with access to facilities that align with students' gender identity;​ 2​ Section 1.​ REVISOR CR/KR 24-07181​ 02/22/24 ​ 3.1 (7) respect the safety and privacy of all students, according to state and federal privacy​ 3.2 laws;​ 3.3 (8) ensure that all school and district policies apply to all students, regardless of their​ 3.4 sexual orientation, gender identity, gender expression, or gender nonconformity;​ 3.5 (9) require school officials to work with families and students to identify at least one​ 3.6 safe staff member in each school building that gender nonconforming students can access​ 3.7 when they require additional support during the school day;​ 3.8 (10) establish a reporting mechanism for alleged violation of the gender inclusion policy;​ 3.9 (11) provide professional development for school employees to ensure that staff​ 3.10 understands their responsibilities under the gender inclusion policy; and​ 3.11 (12) include information on the Minnesota Human Rights Act, chapter 363A, and the​ 3.12 role of the Department of Human Rights in investigating complaints of discrimination.​ 3.13 (b) The policy must be conspicuously posted throughout each school building, distributed​ 3.14 to each district or school employee and independent contractor at the time of hiring or​ 3.15 contracting, and included in each school's student handbook on school policies.​ 3.16 Subd. 5. Relation to existing law. This section does not:​ 3.17 (1) establish any private right of action;​ 3.18 (2) limit rights currently available to an individual under other civil or criminal law,​ 3.19 including but not limited to chapter 363A; or​ 3.20 (3) interfere with a person's rights of religious expression and free speech and expression​ 3.21 under the First Amendment of the United States Constitution.​ 3.22 EFFECTIVE DATE. This section is effective for the 2024-2025 school year and later.​ 3.23 Sec. 2. Minnesota Statutes 2022, section 128C.02, is amended by adding a subdivision to​ 3.24 read:​ 3.25 Subd. 10. Gender identity. The league must adopt league rules and regulations providing​ 3.26 students the opportunity to participate in extracurricular activities in a manner consistent​ 3.27 with their gender identity, including but not limited to athletic activities and competitions.​ 3​ Sec. 2.​ REVISOR CR/KR 24-07181​ 02/22/24 ​