Text of UT HB 250 (2025)

01-16 15:03 H.B. 250 1 Public Employee Gender-specific Language Requirements 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Nicholeen P. Peck 2 3 LONG TITLE 4 General Description: 5 This bill prohibits certain employment action against a public employee. 6 Highlighted Provisions: 7 This bill: 8 ▸ prohibits the State Board of Education, a local education agency, or a public employer 9 from taking disciplinary action against an employee for using gender-specific language 10 in certain circumstances; 11 ▸ requires a public employer that has a rule or policy requiring an employee to use 12 gender-specific language to accommodate another individual to exempt the employee 13 from disciplinary action in certain circumstances; and 14 ▸ makes technical changes. 15 Money Appropriated in this Bill: 16 None 17 Other Special Clauses: 18 This bill provides a special effective date. 19 Utah Code Sections Affected: 20 AMENDS: 21 53G-10-206, as last amended by Laws of Utah 2024, Chapter 507 22 ENACTS: 23 67-21-3.3, Utah Code Annotated 1953 24 25 Be it enacted by the Legislature of the state of Utah: 26 Section 1. Section 53G-10-206 is amended to read: 27 53G-10-206 . Educational freedom. 28 (1) As used in this section: 29 (a)(i) "Administrative personnel" means any LEA or state board staff personnel who 30 have system-wide, LEA-wide, or school-wide functions and who perform 31 management activities, including: H.B. 250 01-16 15:03 32 (A) developing broad policies for LEA or state-level boards; and 33 (B) executing developed policies through the direction of personnel at any level 34 within the state or LEA. 35 (ii) "Administrative personnel" includes state, LEA, or school superintendents, 36 assistant superintendents, deputy superintendents, school principals, assistant 37 principals, directors, executive directors, network directors, cabinet members, 38 subject area directors, grant coordinators, specialty directors, career center 39 directors, educational specialists, technology personnel, technology 40 administrators, and others who perform management activities. 41 (b)(i) "Instructional personnel" means an individual whose function includes the 42 provision of: 43 (A) direct or indirect instructional services to students; 44 (B) direct or indirect support in the learning process of students; or 45 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or 46 professional development to instructional or administrative personnel. 47 (ii) "Instructional personnel" includes: 48 (A) the state board, LEAs, schools, superintendents, boards, administrators, 49 administrative staff, teachers, classroom teachers, facilitators, coaches, 50 proctors, therapists, counselors, student personnel services, librarians, media 51 specialists, associations, affiliations, committees, contractors, vendors, 52 consultants, advisors, outside entities, community volunteers, 53 para-professionals, public-private partners, trainers, mentors, specialists, and 54 staff; or 55 (B) any other employees, officials, government agencies, educational entities, 56 persons, or groups for whom access to students is facilitated through, or not 57 feasible without, the public education system. 58 (2)(a) Each LEA shall provide an annual assurance to the state board that the LEA's 59 professional learning, administrative functions, displays, and instructional and 60 curricular materials, are consistent with the following principles of individual 61 freedom: 62 (i) the principle that all individuals are equal before the law and have unalienable 63 rights; and 64 (ii) the following principles of individual freedom: 65 (A) that no individual is inherently racist, sexist, or oppressive, whether - 2 - 01-16 15:03 H.B. 250 66 consciously or unconsciously, solely by virtue of the individual's race, sex, or 67 sexual orientation; 68 (B) that no race is inherently superior or inferior to another race; 69 (C) that no person should be subject to discrimination or adverse treatment solely 70 or partly on the basis of the individual's race, color, national origin, religion, 71 disability, sex, or sexual orientation; 72 (D) that meritocracy or character traits, including hard work ethic, are not racist 73 nor associated with or inconsistent with any racial or ethnic group; and 74 (E) that an individual, by virtue of the individual's race or sex, does not bear 75 responsibility for actions that other members of the same race or sex 76 committed in the past or present. 77 (b) Nothing in this section prohibits instruction regarding race, color, national origin, 78 religion, disability, or sex in a manner that is consistent with the principles described 79 in Subsection (2)(a). 80 (3) The state board or an LEA may not: 81 (a) attempt to persuade a student or instructional or administrative personnel to a point 82 of view that is inconsistent with the principles described in Subsection (2)(a); [or] 83 (b) implement policies or programs, or allow instructional personnel or administrative 84 personnel to implement policies or programs, with content that is inconsistent with 85 the principles described in Subsection (2)(a)[.] ; or 86 (c) pursue disciplinary action against an individual who is instructional personnel or 87 administrative personnel solely because the individual, in relation to a student, 88 referred to the student by: 89 (i) in good faith, the student's birth name, biological gender, or a pronoun or other 90 gender-specific language related to the student's biological gender; or 91 (ii) the name, pronoun, or gender-specific language the student's parent prefers. 92 (4) The state board and state superintendent may not develop or continue to use core 93 standards under Section 53E-3-301 or professional learning that are inconsistent with the 94 principles described in Subsection (2)(a). 95 Section 2. Section 67-21-3.3 is enacted to read: 96 67-21-3.3 . Gender-specific language preference -- Employer action. 97 (1) An employer may not pursue disciplinary action against an employee solely because the 98 employee: 99 (a) in good faith, uses a pronoun or other gender-specific language in relation to another - 3 - H.B. 250 01-16 15:03 100 individual that conflicts with the individual's personal gender-specific language 101 preference; or 102 (b) because of the employee's sincerely held religious or moral belief, uses a pronoun or 103 other gender-specific language in relation to another individual that conflicts with the 104 individual's personal gender-specific language preference. 105 (2) If an employer implements a rule or policy that requires an employee to use 106 gender-specific language to accommodate another individual's personal gender-specific 107 language preference, the employer shall: 108 (a) ensure that the rule or policy exempts from disciplinary action an employee 109 described in Subsection (1); and 110 (b) notify employees in writing of the exemptions described in this section. 111 Section 3. Effective Date. 112 This bill takes effect on July 1, 2025. - 4 -