SB 1085 — Prohibits public school staff members from encouraging students in their social transition to being perceived as a gender different from their biological sex

SECOND REGULAR SESSION SENATE COMMITTEE SUBSTITUTE FOR SENATE BILLNO.

1085 103RD GENERALASSEMBLY INTRODUCED4425S.03C BYKRISTINAMARTIN, SENATORSecretary NICOLA.ANACT To amend chapter 167, RSMo, by adding thereto one new section relating to the social transition of minors in public schools.

4425S.02I KRISTINAMARTIN, Secretary ANACT To amend chapter 167, RSMo, by adding thereto one new section relating to the social transition of minors in public schools.

(4) "Public school", as defined in section 160.011;160.011.

(5)The "Socialterm transition",shall encouragingbe orconstrued participating with a minor student in changing his or her presentation or expression, including, but not limited to, details such as his or her name, appearance, or behavior, with the goal of such minor student's being perceived and treated as a member of the opposite biological sex to suchinclude student's own biological sex, or with the goal of such minor student's not being perceived and treated as a membercharter ofschool; such student's SB 1085 2 own biological sex, including, but not limited to, the following:

(a)(5) The"Social usetransition", the process of alternativea pronounsminor student changing his or namesher forgender presentation or expression, with the goal of such minor student,student eitherbeing inperceived schooland recordstreated as a gender different from the student's biological sex, and which may involve social or otherwise;behavioral changes or changes to physical appearance, including, but not limited to, the following:

andSCS (b)SB The1085 minor2 student's(a) The use of sex-segregatedpronouns privacyor facilitiestitles orfor participationthe minor student that do not correspond to the student's biological sex, either in sex-differentiatedschool school-records sponsoredor activities;otherwise;

or (b) The use of names other than the student's legal name, or a nickname or derivative thereof, either in school records or otherwise;

Each staff member shall inform the public school principal or such principal's designee, as soon as practicable but in any event within twenty-four hours, of a requestpublic fromschool: a minor student that such staff member participate in or support the social transition of such student.

Each(1) publicShall schoolnot principalencourage or suchcoerce principal'sa designeeminor shall, as soon as practicable but in any event within seventy-two hours of the initial conversation or request involving the student, inform all parents of such student thatto thewithhold studentinformation hasfrom requested that a staff member participate in or support the socialminor transitionstudent's ofparent; such student.

(2) Shall not withhold from a minor student's parent information that relates to the physical, emotional, or mental health of the minor student;

(3) Shall notify a minor student's parent within twenty-four hours of receiving any request by the minor student to participate in or facilitate the social transition of the minor student, including any request by the minor student to:

(a) Be referred to by pronouns or titles that do not correspond to the minor student's biological sex, either in school records or otherwise;

(b) Be referred to using names other than the minor student's legal name, or a nickname or derivative thereof, either in school records or otherwise;

(c) Use restrooms, locker rooms, changing rooms, or overnight lodging designated for the opposite biological sex;

or SCS SB 1085 3 (d) Participate on an athletic team or any other sex- separated school activity designated for the opposite biological sex.

(1) Participate in,in support, or engage in any conduct that facilitates the social transition of any minor student,student; including any counseling of a minor student at school that affirms such student's self-identification as a biological sex other than such student's actual biological sex;

or SB 1085 3 (2) InitiateDeliver a conversation with, or deliver any presentation or lesson to,to any minor student regarding gender transition.transition or social transition;

or (3) Refer to a minor student by a title or pronoun that does not correspond to the student's biological sex, or by a name other than the student's legal name or a nickname or derivative thereof.

AnyA publicstaff schoolmember employeeor whostudent discloses a violation of this section by a school official shall not be protectedsubject fromto any mannerdisciplinary ofaction retaliationor asother setadverse forthaction infor: section 105.055.

(1) Declining to address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's biological sex;

or (2) Declining to identify his or her pronouns.

IfAny apublic school district discovers that a staff member who holdsdiscloses a certificateviolation of license to teach has knowingly violated any provision of this section,section theby schoolanother district shall initiate proceedings seeking to terminate the employment of that staff member andshall tobe suspendprotected orfrom revokeany suchmanner license, as applicable, based upon evidence of incompetence,retaliation immorality,as orset neglectforth ofin duty, pursuant to the provisions of section 168.071.105.055.

The(1) attorneyIf generala mayschool bringdistrict discovers that a civilstaff action,member includingwho anholds actiona forcertificate injunctiveof relief,license againstto ateach has knowingly violated any provision of this section, the school district shall initiate disciplinary proceedings against that staff member, up to and including suspension or schoolrevocation forof anythe violationlicense and suspension or termination of thisemployment, section.as appropriate, based upon evidence of incompetence, immorality, or neglect of duty, pursuant to the provisions of section 168.071.

SuchSCS actionSB 1085 4 (2) If a charter school discovers that a staff member who holds a certificate of license to teach has knowingly violated any provision of this section, the charter school shall beinitiate broughtdisciplinary inproceedings against that staff member, up to and including suspension or termination of employment, and may refer the countymatter whereto the violationdepartment occurred.of elementary and secondary education for the filing of charges seeking to suspend or revoke the staff member's license pursuant to subsection 3 of section 168.071, as appropriate.

AnyThe parentattorney ofgeneral a minor student may bring a civil action, including an action for injunctive reliefrelief, or for damages, against thea school districtdistrict, or public schoolschool, inor whichstaff suchmember minor student is enrolled for any violation of this section.

8.

Any parent of a minor student may bring a civil action, including an action for injunctive relief or for damages, against the staff member or against the school district or public school in which such minor student is enrolled for any violation of this section.

Such action shall be brought in the county where the violation occurred.

9.

Any staff member may bring a civil action, including an action for injunctive relief or for damages, against the school district or public school that employs the staff member for any violation of subsection 4 or 5 of this section.

Such action shall be brought in the county where the violation occurred.

If the staff member prevails, the court shall award to such staff member court costs and SCS SB 1085 5 reasonable attorney's fees and any other damages or remedy which in the judgement of the court shall be appropriate.