Kansas 2025-2026 Regular Session

Kansas Senate Bill SB76 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 76
3	3	By Committee on Education
4	4	1-27
5	5	AN ACT concerning education; relating to employees of school districts
6	6	and postsecondary educational institutions; enacting the given name act
7	7	to require such employees to use the name and pronouns consistent
8	8	with a student's biological sex and birth certificate; authorizing a cause
9	9	of action for violations therefor.
10	10	WHEREAS, Employees of school districts and postsecondary
11	11	educational institutions do not shed their constitutional rights to freedom
12	12	of speech or expression at work; and
13	13	WHEREAS, Protecting the right to free speech for such employees
14	14	promotes the important interests of students receiving informed opinions
15	15	on matters of public concern, employee rights to disseminate their own
16	16	opinions and exposing our children and future leaders to different
17	17	viewpoints; and
18	18	WHEREAS, The selection and use of pronouns in classrooms, on
19	19	campuses and elsewhere is not merely an administrative or ministerial act,
20	20	but instead is a matter of free speech and academic freedom as it
21	21	communicates a message on a matter of public concern and shapes
22	22	classroom discussion and debate.
23	23	Now, therefore:
24	24	Be it enacted by the Legislature of the State of Kansas:
25	25	Section 1. (a) This section shall be known and may be cited as the
26	26	given name act.
27	27	(b) No employee of a school district or postsecondary educational
28	28	institution, regardless of such employee's official duties, shall address a
29	29	minor or student with a:
30	30	(1) Pronoun or title that is inconsistent with the biological sex of such
31	31	minor or student unless the employee has the written permission of such
32	32	minor's or student's parent; and
33	33	(2) name other than the name listed on the minor's or student's birth
34	34	certificate, or a derivative of such name, without the written permission of
35	35	the minor's or student's parent.
36	36	(c) No employee of a school district or postsecondary educational
37	37	institution shall be subject to an adverse employment action for declining
38	38	to address an individual using a name other than the name listed on the
39	39	individual's birth certificate or a pronoun or title that is inconsistent with
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75	75	36 SB 76 2
76	76	the individual's biological sex.
77	77	(d) No student shall be subject to any disciplinary action for declining
78	78	to address an individual using a name other than the name listed on the
79	79	individual's birth certificate or a pronoun or title that is inconsistent with
80	80	the individual's biological sex.
81	81	(e) A person who is harmed by a violation of this section may bring a
82	82	cause of action for injunctive relief, monetary damages, reasonable
83	83	attorney fees and any other appropriate relief.
84	84	(f) As used in this section:
85	85	(1) "Minor" means an unemancipated individual under 18 years of
86	86	age.
87	87	(2) "Parent" means natural parent, adoptive parent or person legally
88	88	authorized to act on behalf of the child.
89	89	(3) "Postsecondary educational institution" means the same as
90	90	defined in K.S.A. 74-3201b, and amendments thereto.
91	91	(4) "Student" means any unemancipated individual under 18 years of
92	92	age who is enrolled in and attending a public school or postsecondary
93	93	educational institution.
94	94	Sec. 2. This act shall take effect and be in force from and after its
95	95	publication in the statute book.
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