Text of UT HB 527 (2024)

H.B. 527 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M. Cipriano 6 6 02-12-24 10:19 AM 6 H.B. 527 1 PUBLIC EMPLOYEE GENDER-SPECIFIC LANGUAGE 2 REQUIREMENTS 3 2024 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Tim Jimenez 6 Senate Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill prohibits certain employment action against a public employee. 11 Highlighted Provisions: 12 This bill: 13 < prohibits the State Board of Education, an LEA, or a public employer from taking 14 disciplinary action against an employee for using gender-specific language in 15 certain circumstances; 16 < requires a public employer that has a rule or policy requiring an employee to use 17 gender-specific language to accommodate another individual to exempt the 18 employee from disciplinary action in certain circumstances; and 19 < makes technical changes. 20 Money Appropriated in this Bill: 21 None 22 Other Special Clauses: 23 None 24 Utah Code Sections Affected: 25 AMENDS: 26 53G-10-206, as enacted by Laws of Utah 2023, Chapter 294 27 ENACTS: *HB0527* H.B. 527 02-12-24 10:19 AM - 2 - 28 67-21-3.3, Utah Code Annotated 1953 29 30 Be it enacted by the Legislature of the state of Utah: 31 Section 1. Section 53G-10-206 is amended to read: 32 53G-10-206. Educational freedom. 33 (1) As used in this section: 34 (a) (i) "Administrative personnel" means any LEA or state board staff personnel who 35 have system-wide, LEA-wide, or school-wide functions and who perform management 36 activities, including: 37 (A) developing broad policies for LEA or state-level boards; and 38 (B) executing developed policies through the direction of personnel at any level within 39 the state or LEA. 40 (ii) "Administrative personnel" includes state, LEA, or school superintendents, 41 assistant superintendents, deputy superintendents, school principals, assistant principals, 42 directors, executive directors, network directors, cabinet members, subject area directors, grant 43 coordinators, specialty directors, career center directors, educational specialists, technology 44 personnel, technology administrators, and others who perform management activities. 45 (b) (i) "Instructional personnel" means an individual whose function includes the 46 provision of: 47 (A) direct or indirect instructional services to students; 48 (B) direct or indirect support in the learning process of students; or 49 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or 50 professional development to instructional or administrative personnel. 51 (ii) "Instructional personnel" includes: 52 (A) the state board, LEAs, schools, superintendents, boards, administrators, 53 administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists, 54 counselors, student personnel services, librarians, media specialists, associations, affiliations, 55 committees, contractors, vendors, consultants, advisors, outside entities, community 56 volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff; 57 or 58 (B) any other employees, officials, government agencies, educational entities, persons, 02-12-24 10:19 AM H.B. 527 - 3 - 59 or groups for whom access to students is facilitated through, or not feasible without, the public 60 education system. 61 (2) (a) Each LEA shall provide an annual assurance to the state board that the LEA's 62 professional learning, administrative functions, displays, and instructional and curricular 63 materials, are consistent with the following principles of individual freedom: 64 (i) the principle that all individuals are equal before the law and have unalienable 65 rights; and 66 (ii) the following principles of individual freedom: 67 (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or 68 unconsciously, solely by virtue of the individual's race, sex, or sexual orientation; 69 (B) that no race is inherently superior or inferior to another race; 70 (C) that no person should be subject to discrimination or adverse treatment solely or 71 partly on the basis of the individual's race, color, national origin, religion, disability, sex, or 72 sexual orientation; 73 (D) that meritocracy or character traits, including hard work ethic, are not racist nor 74 associated with or inconsistent with any racial or ethnic group; and 75 (E) that an individual, by virtue of the individual's race or sex, does not bear 76 responsibility for actions that other members of the same race or sex committed in the past or 77 present. 78 (b) Nothing in this section prohibits instruction regarding race, color, national origin, 79 religion, disability, or sex in a manner that is consistent with the principles described in 80 Subsection (2)(a). 81 (3) The state board or an LEA may not: 82 (a) attempt to persuade a student or instructional or administrative personnel to a point 83 of view that is inconsistent with the principles described in Subsection (2)(a); [or] 84 (b) implement policies or programs, or allow instructional personnel or administrative 85 personnel to implement policies or programs, with content that is inconsistent with the 86 principles described in Subsection (2)(a)[.]; or 87 (c) pursue disciplinary action against an individual who is instructional personnel or 88 administrative personnel solely because the individual, in relation to a student, referred to the 89 student by: H.B. 527 02-12-24 10:19 AM - 4 - 90 (i) the student's birth name or biological gender in good faith; or 91 (ii) the name or gender preferred by the student's parent or guardian. 92 (4) The State Instructional Materials Commission may not recommend to the state 93 board instructional materials under Section 53E-4-403 that violate this section or are 94 inconsistent with the principles described in Subsection (2)(a). 95 (5) The state board and state superintendent may not develop or continue to use core 96 standards under Section 53E-3-301 or professional learning that are inconsistent with the 97 principles described in Subsection (2)(a). 98 Section 2. Section 67-21-3.3 is enacted to read: 99 67-21-3.3. Gender-specific language preference -- Employer action. 100 (1) An employer may not pursue disciplinary action against an employee who: 101 (a) in good faith, uses a pronoun or other gender-specific language in relation to 102 another individual that conflicts with the individual's personal gender-specific language 103 preference; or 104 (b) because of the employee's sincerely held religious or moral belief, uses a pronoun 105 or other gender-specific language in relation to another individual that conflicts with the 106 individual's personal gender-specific language preference. 107 (2) If an employer implements a rule or policy that requires an employee to use 108 gender-specific language to accommodate another individual's personal gender-specific 109 language preference, the employer's rule or policy shall exempt from disciplinary action an 110 employee described in Subsection (1)(a) and (b). 111 (3) An employer that implements a rule or policy described in Subsection (2) shall 112 notify the employee in writing of the exemptions described in this section. 113 Section 3. Effective date. 114 This bill takes effect on May 1, 2024.