Text of MO SB 1256 (2024)

SECOND REGULAR SESSION SENATE BILL NO. 1256 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR CARTER. 4664S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 167, RSMo, by adding thereto one new section relating to forms of address in public schools. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 167, RSMo, is amended by adding thereto 1 one new section, to be known as section 167.701, to read as 2 follows: 3 167.701. 1. As used in this section, the following 1 terms mean: 2 (1) "Contractor", any individual working in any 3 capacity for a public school or school district through a 4 contract between any such school or district, or an employee 5 or member thereof, and that individual or that individual's 6 employer; 7 (2) "Employee", any individual working in any capacity 8 at a public school, whether the performance of such work is 9 voluntary or paid, including but not limited to teachers, 10 administrators, janitors, cafeteria workers, or other 11 volunteers or personnel; 12 (3) "Parent", a resident of this state who is the 13 parent or legal guardian of a student; 14 (4) "Public entity", any of the following: 15 (a) The state or any officer, official, authority, 16 board, or commission of the state; 17 SB 1256 2 (b) Any county, city, or other political subdivision 18 of the state; or 19 (c) Any institution supported in whole or in part by 20 state funds. 21 (5) "Public school", a public elementary or secondary 22 school, including charter schools, or a preschool or 23 prekindergarten program operated by a school district or 24 charter school; 25 (6) "Sex", as such term is defined in section 163.048; 26 (7) "Student", an individual under eighteen years of 27 age who is enrolled in a public school and is not an 28 emancipated minor, as such term is defined in section 29 302.178. 30 2. This section shall be known and may be referred to 31 as the "Given Name Act". 32 3. A public school or school district employee or 33 contractor shall not, when acting in the course of his or 34 her official duties, use any name to address or refer to a 35 student other than the name provided by such student's 36 parents when enrolling the student in school, or a 37 derivative of such name, without the written permission of 38 such student's parents. 39 4. A public school or school district employee or 40 contractor shall not, when acting in the course of his or 41 her official duties, address or refer to a student using any 42 pronoun that differs from such student's biological sex 43 without the written permission of such student's parents. 44 5. A public entity shall not require a public school 45 or school district employee or contractor to use a pronoun 46 that differs from a person's biological sex if doing so 47 would be contrary to the employee's or contractor's 48 sincerely held religious or moral convictions. 49 SB 1256 3 6. If the department of elementary and secondary 50 education has reasonable cause to believe that a public 51 school or school district has knowingly violated the 52 provisions of this section, the department shall withhold 53 any state funding to which such school or school district 54 may be entitled pursuant to the provisions of chapters 160 55 or 163 until the school or school district proves to the 56 satisfaction of the department that it is no longer in 57 violation of this section. 58 7. Nothing in this section shall be construed to 59 prohibit employees and contractors of a public school or 60 school district from discussing any matters of public 61 concern outside the context of their official duties. 62 8. Any parent of a student may bring a civil action, 63 including an action for injunctive relief or damages, 64 against the public school or school district in which his or 65 her child is enrolled for any violation of this section 66 which causes harm to their child. Such action shall be 67 brought in the county where the violation occurred. If the 68 parent prevails, the court shall award to such parent court 69 costs and reasonable attorney's fees and any other damages 70 or remedy which in the judgment of the court shall be 71 appropriate. 72 9. Any individual may bring a civil action, including 73 an action for injunctive relief or damages, against any 74 public entity for a violation of this section which causes 75 harm to such individual or, if such individual is a parent 76 of a student, to such individual's child. Such action shall 77 be brought in the county where the violation occurred. If 78 the individual or parent prevails, the court shall award to 79 such individual or parent court costs and reasonable 80 SB 1256 4 attorney's fees and any other damages or remedy which in the 81 judgment of the court shall be appropriate. 82 10. Any public entity that is found by a court of 83 competent jurisdiction to have violated the provisions of 84 this section shall not be eligible for state funding or 85 state or local contracts pursuant to the provisions of 86 chapters 160 or 163 for a period of one year from the date 87 of such finding for a first-time violation or three years 88 from the date of such finding for any subsequent violation. 89 