HB23 • 2026

Public preK-12 education; discussions of gender identity prohibited, employees prohibited from displaying flags or insignia relating to sexual orientation or gender identity and from referring to students by pronouns inconsistent with student's biological sex

Education Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Butler (M)
Last action: 2026-01-13
Official status: Pending Committee Action in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill text references the Code of Alabama, but does not explicitly state 'Alabama' in the provided excerpt; location is inferred from code citation only.

HB23: Rules for Public PreK-12 Schools

This bill bans classroom discussions about gender identity or sexual orientation in public prekindergarten through twelfth grade, stops employees from displaying related flags on school property, and requires staff to use pronouns matching a student's biological sex at birth.

What This Bill Does

Prohibits classroom instruction or discussions regarding gender identity or sexual orientation for students in public schools from prekindergarten through twelfth grade.
Bans teachers and other education employees from displaying flags or insignia relating to sexual orientation or gender identity on school property.
Requires teachers and other education employees to address students using pronouns consistent with the student's biological sex at birth.
Directs the State Board of Education to create rules for implementing and enforcing these requirements.

Who It Names or Affects

Public prekindergarten through twelfth grade schools
Teachers and other employees working in public K-12 schools
Students enrolled in public preK-12 education

Terms To Know

Biological sex at birth: The physical characteristics that determine a person's sex when they are born.
Insignia: A symbol, badge, or flag used to represent a specific group or idea.

Limits and Unknowns

The bill does not define exactly what counts as 'classroom discussion' versus other types of talk.
Specific rules for enforcement will be written later by the State Board of Education and are not included in this text.

Bill History

2026-01-13 House
Pending Committee Action in House of Origin
2026-01-13 House
Read for the first time and referred to the House Committee on Education Policy

Official Summary Text

Public preK-12 education; discussions of gender identity prohibited, employees prohibited from displaying flags or insignia relating to sexual orientation or gender identity and from referring to students by pronouns inconsistent with student's biological sex

Current Bill Text

Read the full stored bill text

HB23 INTRODUCED
Page 0
HB23
EJ5AX9C-1
By Representatives Butler, Harrison, Gidley
RFD: Education Policy
First Read: 13-Jan-26
PFD: 11-Aug-25
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EJ5AX9C-1 05/27/2025 GP (L) lg 2025-2019
Page 2
PFD: 11-Aug-25
SYNOPSIS:
Under existing law, classroom instruction or
discussions regarding gender identity or sexual
orientation may not be provided to public school
students in kindergarten through fifth grade in a
manner that is not age or developmentally appropriate
or is not in accordance with state standards.
This bill would prohibit classroom instruction
or discussions related to gender identity or sexual
orientation from being provided to public school
students in prekindergarten through twelfth grade.
This bill would prohibit public preK-12 teachers
and education employees from displaying a flag or
insignia relating to sexual orientation or gender
identity on school property.
This bill would also prohibit public preK-12
teachers and education employees from referring to a
student by pronouns inconsistent with the student's
biological sex at birth.
A BILL
TO BE ENTITLED
AN ACT
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HB23 INTRODUCED
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Relating to education; to amend Section 16-40A-5, Code
of Alabama 1975; to prohibit classroom instruction in public
school prekindergarten through the twelfth grade related to
gender identity or sexual orientation; to prohibit education
employees from displaying certain flags and insignia on public
preK-12 school property; and to prohibit education employees
from referring to a student by pronouns inconsistent with the
student's biological sex.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-40A-5, Code of Alabama 1975, is
amended to read as follows:
"§16-40A-5
(a) An individual or group of individuals providing
classroom instruction to students in kindergarten
prekindergarten through the fifth twelfth grade at a public
K-12 preK-12 school shall not engage in classroom discussion
or provide classroom instruction regarding sexual orientation
or gender identity in a manner that is not age appropriate or
developmentally appropriate for students in accordance with
state standards .
(b) No teacher, or other public preK-12 employee, may
display a flag or other insignia relating to or representing
sexual orientation or gender identity in a classroom or on the
property of a public preK-12 school.
(c) No teacher, or other public preK-12 employee, may
intentionally address a student by a pronoun or title that is
inconsistent with the student's biological sex at birth.
(d) The State Board of Education shall adopt rules for
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HB23 INTRODUCED
Page 4
(d) The State Board of Education shall adopt rules for
the implementation and enforcement of this section."
Section 2. This act shall become effective on July 1,
2026.
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