02-21 11:54 1st Sub. (Buff) H.B. 250
Anthony E. Loubet proposes the following substitute bill:
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Public Employee Gender-specific Language Requirements
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor: Daniel McCay
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LONG TITLE
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General Description:
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This bill prohibits certain employment action against a public employee in relation to
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gender-specific language.
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Highlighted Provisions:
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This bill:
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▸ prohibits the State Board of Education, a local education agency, or a public employer
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from taking disciplinary action against an employee for using gender-specific language
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in certain circumstances;
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▸ requires a public employer that has a rule or policy requiring an employee to use
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gender-specific language to accommodate another individual to exempt the employee
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from disciplinary action in certain circumstances; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53G-10-206, as last amended by Laws of Utah 2024, Chapter 507
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ENACTS:
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67-21-3.3, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-10-206 is amended to read:
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53G-10-206 . Educational freedom.
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(1) As used in this section:
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(a)(i) "Administrative personnel" means any LEA or state board staff personnel who
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have system-wide, LEA-wide, or school-wide functions and who perform
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management activities, including:
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(A) developing broad policies for LEA or state-level boards; and
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(B) executing developed policies through the direction of personnel at any level
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within the state or LEA.
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(ii) "Administrative personnel" includes state, LEA, or school superintendents,
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assistant superintendents, deputy superintendents, school principals, assistant
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principals, directors, executive directors, network directors, cabinet members,
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subject area directors, grant coordinators, specialty directors, career center
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directors, educational specialists, technology personnel, technology
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administrators, and others who perform management activities.
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(b)(i) "Instructional personnel" means an individual whose function includes the
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provision of:
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(A) direct or indirect instructional services to students;
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(B) direct or indirect support in the learning process of students; or
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(C) direct or indirect delivery of instruction, training, coaching, evaluation, or
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professional development to instructional or administrative personnel.
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(ii) "Instructional personnel" includes:
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(A) the state board, LEAs, schools, superintendents, boards, administrators,
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administrative staff, teachers, classroom teachers, facilitators, coaches,
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proctors, therapists, counselors, student personnel services, librarians, media
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specialists, associations, affiliations, committees, contractors, vendors,
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consultants, advisors, outside entities, community volunteers,
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para-professionals, public-private partners, trainers, mentors, specialists, and
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staff; or
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(B) any other employees, officials, government agencies, educational entities,
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persons, or groups for whom access to students is facilitated through, or not
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feasible without, the public education system.
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(2)(a) Each LEA shall provide an annual assurance to the state board that the LEA's
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professional learning, administrative functions, displays, and instructional and
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curricular materials, are consistent with the following principles of individual
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freedom:
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(i) the principle that all individuals are equal before the law and have unalienable
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rights; and
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(ii) the following principles of individual freedom:
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(A) that no individual is inherently racist, sexist, or oppressive, whether
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consciously or unconsciously, solely by virtue of the individual's race, sex, or
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sexual orientation;
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(B) that no race is inherently superior or inferior to another race;
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(C) that no person should be subject to discrimination or adverse treatment solely
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or partly on the basis of the individual's race, color, national origin, religion,
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disability, sex, or sexual orientation;
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(D) that meritocracy or character traits, including hard work ethic, are not racist
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nor associated with or inconsistent with any racial or ethnic group; and
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(E) that an individual, by virtue of the individual's race or sex, does not bear
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responsibility for actions that other members of the same race or sex
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committed in the past or present.
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(b) Nothing in this section prohibits instruction regarding race, color, national origin,
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religion, disability, or sex in a manner that is consistent with the principles described
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in Subsection (2)(a).
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(3) The state board or an LEA may not:
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(a) attempt to persuade a student or instructional or administrative personnel to a point
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of view that is inconsistent with the principles described in Subsection (2)(a); [or]
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(b) implement policies or programs, or allow instructional personnel or administrative
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personnel to implement policies or programs, with content that is inconsistent with
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the principles described in Subsection (2)(a)[.] ; or
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(c) pursue disciplinary action against an individual who is instructional personnel or
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administrative personnel solely because the individual, in relation to a student,
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referred to the student by a name, pronoun, or other gender-specific language:
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(i) related the student's birth name or biological sex in good faith and without
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knowledge of a preference described in Subsection (3)(c)(ii);
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(ii)(A) except as provided in Subsection (3)(c)(ii)(B), that the student prefers; or
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(B) that the student's parent prefers; or
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(iii) that does not conflict with the employee's religious or moral beliefs in a
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reasonable, non-disruptive, and non-harassing way, in accordance with Section
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34A-5-112.
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(4) The state board and state superintendent may not develop or continue to use core
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standards under Section 53E-3-301 or professional learning that are inconsistent with the
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principles described in Subsection (2)(a).
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Section 2. Section 67-21-3.3 is enacted to read:
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67-21-3.3 . Gender-specific language preference -- Employer action.
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(1) An employer may not pursue disciplinary action against an employee solely because the
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employee, in relation to another individual, refers to the individual by a name, pronoun,
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or other gender-specific language:
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(a) that conflicts with the individual's personal gender-specific language preference in
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good faith and without knowledge of a preference described in Subsection (1)(b);
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(b) that the individual prefers; or
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(c) that does not conflict with the employee's religious or moral beliefs in a reasonable,
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non-disruptive, and non-harassing way, in accordance with Section 34A-5-112.
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(2) If an employer implements a rule or policy that requires an employee to use
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gender-specific language to accommodate another individual's personal gender-specific
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language preference, the employer shall:
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(a) ensure that the rule or policy exempts from disciplinary action an employee
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described in Subsection (1); and
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(b) notify employees in writing of the exemptions described in this section.
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Section 3. Effective Date.
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This bill takes effect on July 1, 2025.
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