Text of MN SF 4705 (2024)
Gender inclusion policy requirement
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As introduced
6,846 characters
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A bill for an act
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relating to education; requiring a gender inclusion policy; amending Minnesota
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Statutes 2022, section 128C.02, by adding a subdivision; proposing coding for
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new law in Minnesota Statutes, chapter 121A.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. [121A.033] GENDER INCLUSION POLICY.
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Subdivision 1. Scope and purpose. The gender inclusion policy is intended to ensure
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student access to public school programming, activities, and facilities for each student
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regardless of their sexual orientation, gender identity, gender expression, or gender
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nonconformity.
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Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the
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meanings given.
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(b) "Gender" refers to the socially constructed roles, activities, behaviors, and attributes
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that a given society attaches to femininity or masculinity.
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(c) "Gender expression" means the external appearance, characteristics, or behaviors
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typically associated with a specific gender.
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(d) "Gender identity" has the meaning provided in section 363A.03, subdivision 50.
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(e) "Gender nonbinary" refers to people who transcend commonly held concepts of
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gender through their own expressions and identities. Other terms meaning the same thing
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include gender diverse, gender expansive, gender creative, gender nonconforming, or
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genderqueer.
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Section 1.
24-07181
as introduced
02/22/24
REVISOR
CR/KR
SENATE
STATE OF MINNESOTA
S.F. No. 4705
NINETY-THIRD SESSION
(SENATE AUTHORS: MAYE QUADE and Oumou Verbeten)
OFFICIAL STATUS
D-PG
DATE
Introduction and first reading
03/07/2024
Referred to Education Policy
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(f) "Gender nonconforming" means an individual whose gender expression differs from
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stereotypical expectations or who is perceived as androgynous or gender nonbinary.
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(g) "Public school" or "school" means a public school under section 120A.05, subdivisions
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9, 11, 13, and 17, and a charter school under chapter 124E.
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(h) "Sexual orientation" has the meaning provided in section 363A.03, subdivision 44.
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(i) "Student" means a student enrolled in a school under paragraph (g).
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(j) "Transgender" is an umbrella term for people whose gender identity, gender
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expression, or behavior does not conform with that typically associated with the sex to
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which they were assigned at birth.
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Subd. 3. State model policy. The commissioner must develop, maintain, and make
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available to school districts and charter schools a state model gender inclusion policy
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consistent with the policy requirements of subdivision 4.
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Subd. 4. School policy. (a) A school district or charter school board, in consultation
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with students, parents, and community organizations, to the extent practicable, must adopt,
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implement, and where appropriate, review and revise on a cycle consistent with other district
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policies, a written policy on gender inclusion consistent with this section. The policy must
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require, at a minimum, a district or charter school to:
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(1) respect all students' sexual orientation, gender identity, gender expression, and gender
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nonconformity;
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(2) identify and address students by their preferred names and pronouns that align with
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their gender identity;
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(3) upon the request of a student and their parent or guardian, change student names and
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pronouns in school digital systems, to the extent possible, to align with their gender identity.
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Medical documentation or legal verification of a student's name change is not required;
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(4) within academic programming, prohibit the separation of students and curricular
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materials based on gender unless it serves as a legitimate pedagogical tool;
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(5) provide all students the opportunity to participate in cocurricular and extracurricular
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activities in a manner consistent with their gender identity, including but not limited to
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intramural and interscholastic athletics, and in conformance with applicable Minnesota State
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High School League rules and regulations adopted under section 128C.02, subdivision 10;
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(6) provide all students with access to facilities that align with students' gender identity;
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Section 1.
24-07181
as introduced
02/22/24
REVISOR
CR/KR
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(7) respect the safety and privacy of all students, according to state and federal privacy
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laws;
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(8) ensure that all school and district policies apply to all students, regardless of their
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sexual orientation, gender identity, gender expression, or gender nonconformity;
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(9) require school officials to work with families and students to identify at least one
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safe staff member in each school building that gender nonconforming students can access
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when they require additional support during the school day;
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(10) establish a reporting mechanism for alleged violation of the gender inclusion policy;
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(11) provide professional development for school employees to ensure that staff
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understands their responsibilities under the gender inclusion policy; and
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(12) include information on the Minnesota Human Rights Act, chapter 363A, and the
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role of the Department of Human Rights in investigating complaints of discrimination.
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(b) The policy must be conspicuously posted throughout each school building, distributed
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to each district or school employee and independent contractor at the time of hiring or
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contracting, and included in each school's student handbook on school policies.
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Subd. 5. Relation to existing law. This section does not:
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(1) establish any private right of action;
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(2) limit rights currently available to an individual under other civil or criminal law,
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including but not limited to chapter 363A; or
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(3) interfere with a person's rights of religious expression and free speech and expression
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under the First Amendment of the United States Constitution.
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EFFECTIVE DATE. This section is effective for the 2024-2025 school year and later.
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Sec. 2. Minnesota Statutes 2022, section 128C.02, is amended by adding a subdivision to
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read:
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Subd. 10. Gender identity. The league must adopt league rules and regulations providing
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students the opportunity to participate in extracurricular activities in a manner consistent
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with their gender identity, including but not limited to athletic activities and competitions.
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Sec. 2.
24-07181
as introduced
02/22/24
REVISOR
CR/KR