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HOUSE BILL 501
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Rebecca Dow and Alan T. Martinez and Jonathan A. Henry
AN ACT
RELATING TO PUBLIC SCHOOL PERSONNEL; ENACTING A NEW SECTION OF
THE SCHOOL PERSONNEL ACT TO REQUIRE SCHOOL EMPLOYEES TO REPORT
TO A SCHOOL ADMINISTRATOR IF A STUDENT IS EXPERIENCING GENDER
INCONGRUENCE AT SCHOOL AND REQUIRING NOTIFICATION TO THE
STUDENT'S PARENT; DEFINING TERMS; ALLOWING A PARENT TO GIVE
DIRECTION AND PERMISSION FOR THE DEVELOPMENT AND IMPLEMENTATION
OF A RESPONSE PLAN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the School Personnel Act is
enacted to read:
"[NEW MATERIAL] STUDENTS EXPERIENCING GENDER
INCONGRUENCE--PARENTAL NOTIFICATION--RESPONSE PLANS.--
A. As used in this section, "gender incongruence"
means a difference between a person's biological sex and the
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person's perceived or desired sex or gender.
B. A school employee shall immediately report to a
school administrator if a student:
(1) expresses to the school employee that the
student is experiencing gender incongruence; or
(2) requests that the school employee
participate in:
(a) social affirmation of the student's
gender incongruence; or
(b) the student's transition to a sex or
gender different from the student's biological sex while at
school.
C. If a school administrator receives a report
pursuant to Subsection B of this section or otherwise possesses
information regarding a student's gender incongruence, the
school administrator or the administrator's designee shall
notify the student's parent.
D. When a school administrator or the
administrator's designee notifies a parent about a student's
gender incongruence, the administrator shall request the
parent's direction and permission to develop and implement a
response plan to address the student's gender incongruence,
which shall be in writing and signed by the parent. A response
plan shall include a provision for parental participation to
the extent participation is requested by the parent. A
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response plan may provide for services and supports, including
counseling for the student."
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