Session of 2025
SENATE BILL No. 76
By Committee on Education
1-27
AN ACT concerning education; relating to employees of school districts
and postsecondary educational institutions; enacting the given name act
to require such employees to use the name and pronouns consistent
with a student's biological sex and birth certificate; authorizing a cause
of action for violations therefor.
WHEREAS, Employees of school districts and postsecondary
educational institutions do not shed their constitutional rights to freedom
of speech or expression at work; and
WHEREAS, Protecting the right to free speech for such employees
promotes the important interests of students receiving informed opinions
on matters of public concern, employee rights to disseminate their own
opinions and exposing our children and future leaders to different
viewpoints; and
WHEREAS, The selection and use of pronouns in classrooms, on
campuses and elsewhere is not merely an administrative or ministerial act,
but instead is a matter of free speech and academic freedom as it
communicates a message on a matter of public concern and shapes
classroom discussion and debate.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
given name act.
(b) No employee of a school district or postsecondary educational
institution, regardless of such employee's official duties, shall address a
minor or student with a:
(1) Pronoun or title that is inconsistent with the biological sex of such
minor or student unless the employee has the written permission of such
minor's or student's parent; and
(2) name other than the name listed on the minor's or student's birth
certificate, or a derivative of such name, without the written permission of
the minor's or student's parent.
(c) No employee of a school district or postsecondary educational
institution shall be subject to an adverse employment action for declining
to address an individual using a name other than the name listed on the
individual's birth certificate or a pronoun or title that is inconsistent with
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the individual's biological sex.
(d) No student shall be subject to any disciplinary action for declining
to address an individual using a name other than the name listed on the
individual's birth certificate or a pronoun or title that is inconsistent with
the individual's biological sex.
(e) A person who is harmed by a violation of this section may bring a
cause of action for injunctive relief, monetary damages, reasonable
attorney fees and any other appropriate relief.
(f) As used in this section:
(1) "Minor" means an unemancipated individual under 18 years of
age.
(2) "Parent" means natural parent, adoptive parent or person legally
authorized to act on behalf of the child.
(3) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(4) "Student" means any unemancipated individual under 18 years of
age who is enrolled in and attending a public school or postsecondary
educational institution.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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