Requiring employees of school districts and postsecondary educational institutions to use the name and pronouns consistent with a student's biological sex and birth certificate and authorizing a cause of action for violations therefor.

(Corrected)
As Amended by House Committee
As Amended by Senate Committee
Session of 2025
SENATE BILL No. 76
By Committee on Education
1-27
AN ACT concerning education; relating to employees of school districts
and postsecondary educational institutions; enacting the given name act
to require such employees to use the name and pronouns consistent
with a student's biological sex and birth certificate; authorizing a cause
of action providing for the submission of civil complaints for
violations therefor.
WHEREAS, Employees of school districts and postsecondary
educational institutions do not shed their constitutional rights to freedom
of speech or expression at work; and
WHEREAS, Protecting the right to free speech for such employees
promotes the important interests of students receiving informed opinions
on matters of public concern, employee rights to disseminate their own
opinions and exposing our children and future leaders to different
viewpoints; and
WHEREAS, The selection and use of pronouns in classrooms, on
campuses and elsewhere is not merely an administrative or ministerial act,
but instead is a matter of free speech and academic freedom as it
communicates a message on a matter of public concern and shapes
classroom discussion and debate.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
given name act.
(b) No employee of a school district or postsecondary educational
institution, regardless of such employee's official duties, shall address a
minor or student with a:
(1) Pronoun or title that is inconsistent with the biological sex of such
minor or student unless the employee has the written permission of such
minor's or student's parent; and
(2) name other than the name listed on the minor's or student's birth
certificate, or a derivative of such name, without the written permission of
the minor's or student's parent.
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SB 76—Am. by HC 2
(c) No employee of a school district or postsecondary educational
institution shall be subject to an adverse employment action for declining
to address an individual using a name other than the name listed on the
individual's birth certificate or a pronoun or title that is inconsistent with
the individual's biological sex.
(d) No student shall be subject to any disciplinary action for declining
to address an individual using a name other than the name listed on the
individual's birth certificate or a pronoun or title that is inconsistent with
the individual's biological sex.
(e) A person who is harmed by a violation of this section may bring a
cause of action for injunctive relief, monetary damages, reasonable
attorney fees and any other appropriate relief Any parent of a student
enrolled in a school district who is aggrieved by a violation of this
section may file a complaint alleging such violation with the board of
education of such school district. Such complaint shall be submitted in
writing and provide details of such violation. The board of education
shall appoint a committee to investigate any such complaints. The
committee shall meet with the complainant to discuss the complaint.
Within 30 days after receiving a complaint, the committee shall submit
a written recommended response and proposed steps to remedy the
complaint to the board of education. The board of education shall take
action on any such recommendations at the next regularly scheduled
meeting of the board. Nothing in this subsection shall be construed to
preclude any individual from pursuing any other remedies for a
violation of this section available at law.
(f) As used in this section:
(1) "Minor" means an unemancipated individual under 18 years of
age.
(2) "Parent" means natural parent, adoptive parent or person legally
authorized to act on behalf of the child.
(3) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(4) "Student" means any unemancipated individual under 18 years of
age who is enrolled in and attending a public school or postsecondary
educational institution.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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