Text of MS HB 176 (2024)

MISSISSIPPI LEGISLATURE 2024 Regular Session To: Education By: Representatives Blackwell, Arnold, Boyd (19th), Byrd, Eubanks, Fondren, Scoggin House Bill 176 AN ACT TO REQUIRE SCHOOL ADMINISTRATORS, TEACHERS, COUNSELORS OR OTHER PERSONNEL OF THE SCHOOL TO PROVIDE WRITTEN NOTIFICATION TO THE PARENT OR LEGAL GUARDIAN OF ANY STUDENT IDENTIFYING AT SCHOOL AS A GENDER OR PRONOUN THAT DOES NOT ALIGN WITH THE CHILD'S SEX ON THEIR BIRTH CERTIFICATE, OTHER OFFICIAL RECORDS, SEX ASSIGNED AT BIRTH, OR IDENTIFYING AS AN ANIMAL SPECIES, EXTRATERRESTRIAL BEING OR INANIMATE OBJECT, OR USING SEX-SEGREGATED SCHOOL PROGRAMS AND ACTIVITIES OR SCHOOL FACILITIES THAT DO NOT ALIGN WITH THE CHILD'S SEX ASSIGNMENT AT BIRTH, WITHIN THREE DAYS OF BECOMING AWARE OF SUCH CONDUCT OR REQUEST BY THE AFFECTED STUDENT; TO PROVIDE THAT NO SCHOOL PERSONNEL SHALL BE DISCIPLINED OR SUFFER ANY UNLAWFUL REPRISAL FOR REFUSING TO ACKNOWLEDGE A STUDENT BY A PREFERRED GENDER, PRONOUN, ANIMAL SPECIES, EXTRATERRESTRIAL BEING OR INANIMATE OBJECT THAT IS INCONSISTENT WITH THE CHILD'S SEX ASSIGNMENT AT BIRTH; TO PRESCRIBE THE LEGISLATIVE INTENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) (a) The parents and guardians of students enrolled in the public schools of the State of Mississippi have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children. Notwithstanding any other provision of law to the contrary, both parents, unless a parent's rights have been judicially terminated or legal guardian of a student enrolled in a public school shall be notified in writing within three (3) days from the date any school administrator, teacher, counselor or other personnel of the school becomes aware that their child is doing either of the following: (i) Identifying at school as a gender or pronoun that does not align with the child's sex on their birth certificate, other official records, sex assigned at birth, or identifying as an animal species, extraterrestrial being or inanimate object; or (ii) Using sex-segregated school programs and activities, including athletic teams and competitions, or using facilities that do not align with the child's sex on their birth certificate, other official records or sex assigned at birth. (b) In those instances where, due to a divorce decree, parents are required to share joint custody of a child, both parents shall receive individual notice from the school, and for the parent who is not in physical custody of the child, the school shall provide written notice to the last address of record for said parent. (2) No school administrator, teacher, counselor or personnel of the school shall be disciplined, suffer any unlawful reprisal or be otherwise punished for his or her refusal to acknowledge a student by a preferred gender, pronoun, animal species, extraterrestrial being or inanimate object that is inconsistent with the child's sex on their birth certificate or other official records which reflect the child's sex assigned at birth. (3) Until such time that written notice has been provided, no administrator, teacher, counselor or other school personnel shall address the student by their preferred pronoun until the parents, parent in physical custody legal guardian or person in loco parentis has provided the school with written approval for his or her child to be addressed by their pronoun of choice. (4) It is the intent of the Legislature, in enacting subsection (1) of this section, to do all of the following: (a) Provide procedures designed to maintain and, in some cases, restore trust between school districts and parents and guardians of students; (b) Bring parents and guardians into the decision-making process for mental health and social-emotional issues of their children at the earliest possible time in order to prevent or reduce potential instances of self-harm; (c) Promote communication and positive relationships with parents and guardians of students that promote the best outcomes for students' academic and social-emotional success; and (d) Ensure timely notification to parents or guardians if, during the school day or at school-related activities, their student is being referred to by school employees as a gender or pronoun that is different than the gender listed on the student's birth certificate or other official records, or referred to as an animal species, extraterrestrial being or inanimate object. SECTION 2. This act shall take effect and be in force from and after July 1, 2024.