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8 LONG TITLE
9 General Description:
10 This bill prohibits certain employment action against a public employee.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits the State Board of Education, an LEA, or a public employer from taking
14 disciplinary action against an employee for using gender-specific language in
15 certain circumstances;
16 ▸ requires a public employer that has a rule or policy requiring an employee to use
17 gender-specific language to accommodate another individual to exempt the
18 employee from disciplinary action in certain circumstances; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53G-10-206, as enacted by Laws of Utah 2023, Chapter 294
27 ENACTS:
28 67-21-3.3, Utah Code Annotated 1953
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53G-10-206 is amended to read:
32 53G-10-206. Educational freedom.
33 (1) As used in this section:
34 (a) (i) "Administrative personnel" means any LEA or state board staff personnel who
35 have system-wide, LEA-wide, or school-wide functions and who perform management
36 activities, including:
37 (A) developing broad policies for LEA or state-level boards; and
38 (B) executing developed policies through the direction of personnel at any level within
39 the state or LEA.
40 (ii) "Administrative personnel" includes state, LEA, or school superintendents,
41 assistant superintendents, deputy superintendents, school principals, assistant principals,
42 directors, executive directors, network directors, cabinet members, subject area directors, grant
43 coordinators, specialty directors, career center directors, educational specialists, technology
44 personnel, technology administrators, and others who perform management activities.
45 (b) (i) "Instructional personnel" means an individual whose function includes the
46 provision of:
47 (A) direct or indirect instructional services to students;
48 (B) direct or indirect support in the learning process of students; or
49 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or
50 professional development to instructional or administrative personnel.
51 (ii) "Instructional personnel" includes:
52 (A) the state board, LEAs, schools, superintendents, boards, administrators,
53 administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists,
54 counselors, student personnel services, librarians, media specialists, associations, affiliations,
55 committees, contractors, vendors, consultants, advisors, outside entities, community
56 volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff;
57 or
58 (B) any other employees, officials, government agencies, educational entities, persons,
59 or groups for whom access to students is facilitated through, or not feasible without, the public
60 education system.
61 (2) (a) Each LEA shall provide an annual assurance to the state board that the LEA's
62 professional learning, administrative functions, displays, and instructional and curricular
63 materials, are consistent with the following principles of individual freedom:
64 (i) the principle that all individuals are equal before the law and have unalienable
65 rights; and
66 (ii) the following principles of individual freedom:
67 (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
68 unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
69 (B) that no race is inherently superior or inferior to another race;
70 (C) that no person should be subject to discrimination or adverse treatment solely or
71 partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
72 sexual orientation;
73 (D) that meritocracy or character traits, including hard work ethic, are not racist nor
74 associated with or inconsistent with any racial or ethnic group; and
75 (E) that an individual, by virtue of the individual's race or sex, does not bear
76 responsibility for actions that other members of the same race or sex committed in the past or
77 present.
78 (b) Nothing in this section prohibits instruction regarding race, color, national origin,
79 religion, disability, or sex in a manner that is consistent with the principles described in
80 Subsection (2)(a).
81 (3) The state board or an LEA may not:
82 (a) attempt to persuade a student or instructional or administrative personnel to a point
83 of view that is inconsistent with the principles described in Subsection (2)(a); [
84 (b) implement policies or programs, or allow instructional personnel or administrative
85 personnel to implement policies or programs, with content that is inconsistent with the
86 principles described in Subsection (2)(a)[
87 (c) pursue disciplinary action against an individual who is instructional personnel or
88 administrative personnel solely because the individual, in relation to a student, referred to the
89 student by:
90 (i) the student's birth name or biological gender in good faith; or
91 (ii) the name or gender preferred by the student's parent or guardian.
92 (4) The State Instructional Materials Commission may not recommend to the state
93 board instructional materials under Section 53E-4-403 that violate this section or are
94 inconsistent with the principles described in Subsection (2)(a).
95 (5) The state board and state superintendent may not develop or continue to use core
96 standards under Section 53E-3-301 or professional learning that are inconsistent with the
97 principles described in Subsection (2)(a).
98 Section 2. Section 67-21-3.3 is enacted to read:
99 67-21-3.3. Gender-specific language preference -- Employer action.
100 (1) An employer may not pursue disciplinary action against an employee who:
101 (a) in good faith, uses a pronoun or other gender-specific language in relation to
102 another individual that conflicts with the individual's personal gender-specific language
103 preference; or
104 (b) because of the employee's sincerely held religious or moral belief, uses a pronoun
105 or other gender-specific language in relation to another individual that conflicts with the
106 individual's personal gender-specific language preference.
107 (2) If an employer implements a rule or policy that requires an employee to use
108 gender-specific language to accommodate another individual's personal gender-specific
109 language preference, the employer's rule or policy shall exempt from disciplinary action an
110 employee described in Subsection (1)(a) and (b).
111 (3) An employer that implements a rule or policy described in Subsection (2) shall
112 notify the employee in writing of the exemptions described in this section.
113 Section 3. Effective date.
114 This bill takes effect on May 1, 2024.