UT
Utah House Bill HB0250

Utah 2025 Regular Session

Utah House Bill HB0250 Compare Versions

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1-02-21 11:54 1st Sub. (Buff) H.B. 250
2-Anthony E. Loubet proposes the following substitute bill:
1+02-14 10:06 H.B. 250
32 1
43 Public Employee Gender-specific Language Requirements
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Nicholeen P. Peck
87 Senate Sponsor: Daniel McCay
98 2
109
1110 3
1211 LONG TITLE
1312 4
1413 General Description:
1514 5
16-This bill prohibits certain employment action against a public employee in relation to
15+This bill prohibits certain employment action against a public employee.
1716 6
18-gender-specific language.
17+Highlighted Provisions:
1918 7
20-Highlighted Provisions:
19+This bill:
2120 8
22-This bill:
21+▸ prohibits the State Board of Education, a local education agency, or a public employer
2322 9
24-▸ prohibits the State Board of Education, a local education agency, or a public employer
23+from taking disciplinary action against an employee for using gender-specific language
2524 10
26-from taking disciplinary action against an employee for using gender-specific language
25+in certain circumstances;
2726 11
28-in certain circumstances;
27+▸ requires a public employer that has a rule or policy requiring an employee to use
2928 12
30-▸ requires a public employer that has a rule or policy requiring an employee to use
29+gender-specific language to accommodate another individual to exempt the employee
3130 13
32-gender-specific language to accommodate another individual to exempt the employee
31+from disciplinary action in certain circumstances; and
3332 14
34-from disciplinary action in certain circumstances; and
33+▸ makes technical changes.
3534 15
36-▸ makes technical changes.
35+Money Appropriated in this Bill:
3736 16
38-Money Appropriated in this Bill:
37+None
3938 17
40-None
39+Other Special Clauses:
4140 18
42-Other Special Clauses:
41+This bill provides a special effective date.
4342 19
44-This bill provides a special effective date.
43+Utah Code Sections Affected:
4544 20
46-Utah Code Sections Affected:
45+AMENDS:
4746 21
48-AMENDS:
47+53G-10-206, as last amended by Laws of Utah 2024, Chapter 507
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50-53G-10-206, as last amended by Laws of Utah 2024, Chapter 507
49+ENACTS:
5150 23
52-ENACTS:
51+67-21-3.3, Utah Code Annotated 1953
5352 24
54-67-21-3.3, Utah Code Annotated 1953
53+
5554 25
56-
55+Be it enacted by the Legislature of the state of Utah:
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58-Be it enacted by the Legislature of the state of Utah:
57+Section 1. Section 53G-10-206 is amended to read:
5958 27
60-Section 1. Section 53G-10-206 is amended to read:
59+53G-10-206 . Educational freedom.
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62-53G-10-206 . Educational freedom.
61+(1) As used in this section:
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64-(1) As used in this section:
65-1st Sub. H.B. 250 1st Sub. (Buff) H.B. 250 02-21 11:54
63+(a)(i) "Administrative personnel" means any LEA or state board staff personnel who
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67-(a)(i) "Administrative personnel" means any LEA or state board staff personnel who
65+have system-wide, LEA-wide, or school-wide functions and who perform
66+ H.B. 250 H.B. 250 02-14 10:06
6867 31
69-have system-wide, LEA-wide, or school-wide functions and who perform
68+management activities, including:
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71-management activities, including:
70+(A) developing broad policies for LEA or state-level boards; and
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73-(A) developing broad policies for LEA or state-level boards; and
72+(B) executing developed policies through the direction of personnel at any level
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75-(B) executing developed policies through the direction of personnel at any level
74+within the state or LEA.
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77-within the state or LEA.
76+(ii) "Administrative personnel" includes state, LEA, or school superintendents,
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79-(ii) "Administrative personnel" includes state, LEA, or school superintendents,
78+assistant superintendents, deputy superintendents, school principals, assistant
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81-assistant superintendents, deputy superintendents, school principals, assistant
80+principals, directors, executive directors, network directors, cabinet members,
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83-principals, directors, executive directors, network directors, cabinet members,
82+subject area directors, grant coordinators, specialty directors, career center
8483 39
85-subject area directors, grant coordinators, specialty directors, career center
84+directors, educational specialists, technology personnel, technology
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87-directors, educational specialists, technology personnel, technology
86+administrators, and others who perform management activities.
8887 41
89-administrators, and others who perform management activities.
88+(b)(i) "Instructional personnel" means an individual whose function includes the
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91-(b)(i) "Instructional personnel" means an individual whose function includes the
90+provision of:
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93-provision of:
92+(A) direct or indirect instructional services to students;
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95-(A) direct or indirect instructional services to students;
94+(B) direct or indirect support in the learning process of students; or
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97-(B) direct or indirect support in the learning process of students; or
96+(C) direct or indirect delivery of instruction, training, coaching, evaluation, or
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99-(C) direct or indirect delivery of instruction, training, coaching, evaluation, or
98+professional development to instructional or administrative personnel.
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101-professional development to instructional or administrative personnel.
100+(ii) "Instructional personnel" includes:
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103-(ii) "Instructional personnel" includes:
102+(A) the state board, LEAs, schools, superintendents, boards, administrators,
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105-(A) the state board, LEAs, schools, superintendents, boards, administrators,
104+administrative staff, teachers, classroom teachers, facilitators, coaches,
106105 50
107-administrative staff, teachers, classroom teachers, facilitators, coaches,
106+proctors, therapists, counselors, student personnel services, librarians, media
108107 51
109-proctors, therapists, counselors, student personnel services, librarians, media
108+specialists, associations, affiliations, committees, contractors, vendors,
110109 52
111-specialists, associations, affiliations, committees, contractors, vendors,
110+consultants, advisors, outside entities, community volunteers,
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113-consultants, advisors, outside entities, community volunteers,
112+para-professionals, public-private partners, trainers, mentors, specialists, and
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115-para-professionals, public-private partners, trainers, mentors, specialists, and
114+staff; or
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117-staff; or
116+(B) any other employees, officials, government agencies, educational entities,
118117 56
119-(B) any other employees, officials, government agencies, educational entities,
118+persons, or groups for whom access to students is facilitated through, or not
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121-persons, or groups for whom access to students is facilitated through, or not
120+feasible without, the public education system.
122121 58
123-feasible without, the public education system.
122+(2)(a) Each LEA shall provide an annual assurance to the state board that the LEA's
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125-(2)(a) Each LEA shall provide an annual assurance to the state board that the LEA's
124+professional learning, administrative functions, displays, and instructional and
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127-professional learning, administrative functions, displays, and instructional and
126+curricular materials, are consistent with the following principles of individual
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129-curricular materials, are consistent with the following principles of individual
128+freedom:
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131-freedom:
130+(i) the principle that all individuals are equal before the law and have unalienable
132131 63
133-(i) the principle that all individuals are equal before the law and have unalienable
134-- 2 - 02-21 11:54 1st Sub. (Buff) H.B. 250
132+rights; and
135133 64
136-rights; and
134+(ii) the following principles of individual freedom:
135+- 2 - 02-14 10:06 H.B. 250
137136 65
138-(ii) the following principles of individual freedom:
137+(A) that no individual is inherently racist, sexist, or oppressive, whether
139138 66
140-(A) that no individual is inherently racist, sexist, or oppressive, whether
139+consciously or unconsciously, solely by virtue of the individual's race, sex, or
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142-consciously or unconsciously, solely by virtue of the individual's race, sex, or
141+sexual orientation;
143142 68
144-sexual orientation;
143+(B) that no race is inherently superior or inferior to another race;
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146-(B) that no race is inherently superior or inferior to another race;
145+(C) that no person should be subject to discrimination or adverse treatment solely
147146 70
148-(C) that no person should be subject to discrimination or adverse treatment solely
147+or partly on the basis of the individual's race, color, national origin, religion,
149148 71
150-or partly on the basis of the individual's race, color, national origin, religion,
149+disability, sex, or sexual orientation;
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152-disability, sex, or sexual orientation;
151+(D) that meritocracy or character traits, including hard work ethic, are not racist
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154-(D) that meritocracy or character traits, including hard work ethic, are not racist
153+nor associated with or inconsistent with any racial or ethnic group; and
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156-nor associated with or inconsistent with any racial or ethnic group; and
155+(E) that an individual, by virtue of the individual's race or sex, does not bear
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158-(E) that an individual, by virtue of the individual's race or sex, does not bear
157+responsibility for actions that other members of the same race or sex
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160-responsibility for actions that other members of the same race or sex
159+committed in the past or present.
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162-committed in the past or present.
161+(b) Nothing in this section prohibits instruction regarding race, color, national origin,
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164-(b) Nothing in this section prohibits instruction regarding race, color, national origin,
163+religion, disability, or sex in a manner that is consistent with the principles described
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166-religion, disability, or sex in a manner that is consistent with the principles described
165+in Subsection (2)(a).
167166 80
168-in Subsection (2)(a).
167+(3) The state board or an LEA may not:
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170-(3) The state board or an LEA may not:
169+(a) attempt to persuade a student or instructional or administrative personnel to a point
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172-(a) attempt to persuade a student or instructional or administrative personnel to a point
171+of view that is inconsistent with the principles described in Subsection (2)(a); [or]
173172 83
174-of view that is inconsistent with the principles described in Subsection (2)(a); [or]
173+(b) implement policies or programs, or allow instructional personnel or administrative
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176-(b) implement policies or programs, or allow instructional personnel or administrative
175+personnel to implement policies or programs, with content that is inconsistent with
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178-personnel to implement policies or programs, with content that is inconsistent with
177+the principles described in Subsection (2)(a)[.] ; or
179178 86
180-the principles described in Subsection (2)(a)[.] ; or
179+(c) pursue disciplinary action against an individual who is instructional personnel or
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182-(c) pursue disciplinary action against an individual who is instructional personnel or
181+administrative personnel solely because the individual, in relation to a student,
183182 88
184-administrative personnel solely because the individual, in relation to a student,
183+referred to the student by:
185184 89
186-referred to the student by a name, pronoun, or other gender-specific language:
185+(i) in good faith, the student's birth name, biological Ĥ→ [gender] sex ←Ĥ , or a pronoun or
186+other
187187 90
188-(i) related the student's birth name or biological sex in good faith and without
188+gender-specific language related to the student's biological Ĥ→ [gender] sex ←Ĥ ; or
189189 91
190-knowledge of a preference described in Subsection (3)(c)(ii);
190+(ii) the name, pronoun, or gender-specific language the student's parent prefers.
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192-(ii)(A) except as provided in Subsection (3)(c)(ii)(B), that the student prefers; or
192+(4) The state board and state superintendent may not develop or continue to use core
193193 93
194-(B) that the student's parent prefers; or
194+standards under Section 53E-3-301 or professional learning that are inconsistent with the
195195 94
196-(iii) that does not conflict with the employee's religious or moral beliefs in a
196+principles described in Subsection (2)(a).
197197 95
198-reasonable, non-disruptive, and non-harassing way, in accordance with Section
198+Section 2. Section 67-21-3.3 is enacted to read:
199199 96
200-34A-5-112.
200+67-21-3.3 . Gender-specific language preference -- Employer action.
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202-(4) The state board and state superintendent may not develop or continue to use core
203-- 3 - 1st Sub. (Buff) H.B. 250 02-21 11:54
202+(1) An employer may not pursue disciplinary action against an employee solely because the
203+- 3 - H.B. 250 02-14 10:06
204204 98
205-standards under Section 53E-3-301 or professional learning that are inconsistent with the
205+employee Ĥ→ [:] ,
206206 99
207-principles described in Subsection (2)(a).
207+[(a)] ←Ĥ in good faith, uses a pronoun or other gender-specific language in relation to
208+99a
209+another
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209-Section 2. Section 67-21-3.3 is enacted to read:
211+individual that conflicts with the individual's personal gender-specific language
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211-67-21-3.3 . Gender-specific language preference -- Employer action.
213+preference Ĥ→ [; or] .
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213-(1) An employer may not pursue disciplinary action against an employee solely because the
215+[(b) because of the employee's sincerely held religious or moral belief, uses a pronoun or
214216 103
215-employee, in relation to another individual, refers to the individual by a name, pronoun,
217+other gender-specific language in relation to another individual that conflicts with the
216218 104
217-or other gender-specific language:
219+individual's personal gender-specific language preference.] ←Ĥ
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219-(a) that conflicts with the individual's personal gender-specific language preference in
221+(2) If an employer implements a rule or policy that requires an employee to use
220222 106
221-good faith and without knowledge of a preference described in Subsection (1)(b);
223+gender-specific language to accommodate another individual's personal gender-specific
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223-(b) that the individual prefers; or
225+language preference, the employer shall:
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225-(c) that does not conflict with the employee's religious or moral beliefs in a reasonable,
227+(a) ensure that the rule or policy exempts from disciplinary action an employee
226228 109
227-non-disruptive, and non-harassing way, in accordance with Section 34A-5-112.
229+described in Subsection (1); and
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229-(2) If an employer implements a rule or policy that requires an employee to use
231+(b) notify employees in writing of the exemptions described in this section.
230232 111
231-gender-specific language to accommodate another individual's personal gender-specific
233+Section 3. Effective Date.
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233-language preference, the employer shall:
234-113
235-(a) ensure that the rule or policy exempts from disciplinary action an employee
236-114
237-described in Subsection (1); and
238-115
239-(b) notify employees in writing of the exemptions described in this section.
240-116
241-Section 3. Effective Date.
242-117
243235 This bill takes effect on July 1, 2025.
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