HF 4394

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:35pm

A bill for an act
relating to education; requiring a gender inclusion policy; amending Minnesota
Statutes 2022, section 128C.02, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.033] GENDER INCLUSION POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Scope and purpose. new text end

new text begin The gender inclusion policy is intended to ensure
student access to public school programming, activities, and facilities for each student
regardless of their sexual orientation, gender identity, gender expression, or gender
nonconformity.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Gender" refers to the socially constructed roles, activities, behaviors, and attributes
that a given society attaches to femininity or masculinity.
new text end

new text begin (c) "Gender expression" means the external appearance, characteristics, or behaviors
typically associated with a specific gender.
new text end

new text begin (d) "Gender identity" has the meaning provided in section 363A.03, subdivision 50.
new text end

new text begin (e) "Gender nonbinary" refers to people who transcend commonly held concepts of
gender through their own expressions and identities. Other terms meaning the same thing
include gender diverse, gender expansive, gender creative, gender nonconforming, or
genderqueer.
new text end

new text begin (f) "Gender nonconforming" means an individual whose gender expression differs from
stereotypical expectations or who is perceived as androgynous or gender nonbinary.
new text end

new text begin (g) "Public school" or "school" means a public school under section 120A.05, subdivisions
9, 11, 13, and 17, and a charter school under chapter 124E.
new text end

new text begin (h) "Sexual orientation" has the meaning provided in section 363A.03, subdivision 44.
new text end

new text begin (i) "Student" means a student enrolled in a school under paragraph (g).
new text end

new text begin (j) "Transgender" is an umbrella term for people whose gender identity, gender
expression, or behavior does not conform with that typically associated with the sex to
which they were assigned at birth.
new text end

new text begin Subd. 3. new text end

new text begin State model policy. new text end

new text begin The commissioner must develop, maintain, and make
available to school districts and charter schools a state model gender inclusion policy
consistent with the policy requirements of subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin School policy. new text end

new text begin (a) A school district or charter school board, in consultation
with students, parents, and community organizations, to the extent practicable, must adopt,
implement, and where appropriate, review and revise on a cycle consistent with other district
policies, a written policy on gender inclusion consistent with this section. The policy must
require, at a minimum, a district or charter school to:
new text end

new text begin (1) respect all students' sexual orientation, gender identity, gender expression, and gender
nonconformity;
new text end

new text begin (2) identify and address students by their preferred names and pronouns that align with
their gender identity;
new text end

new text begin (3) upon the request of a student and their parent or guardian, change student names and
pronouns in school digital systems, to the extent possible, to align with their gender identity.
Medical documentation or legal verification of a student's name change is not required;
new text end

new text begin (4) within academic programming, prohibit the separation of students and curricular
materials based on gender unless it serves as a legitimate pedagogical tool;
new text end

new text begin (5) provide all students the opportunity to participate in cocurricular and extracurricular
activities in a manner consistent with their gender identity, including but not limited to
intramural and interscholastic athletics, and in conformance with applicable Minnesota State
High School League rules and regulations adopted under section 128C.02, subdivision 10;
new text end

new text begin (6) provide all students with access to facilities that align with students' gender identity;
new text end

new text begin (7) respect the safety and privacy of all students, according to state and federal privacy
laws;
new text end

new text begin (8) ensure that all school and district policies apply to all students, regardless of their
sexual orientation, gender identity, gender expression, or gender nonconformity;
new text end

new text begin (9) require school officials to work with families and students to identify at least one
safe staff member in each school building that gender nonconforming students can access
when they require additional support during the school day;
new text end

new text begin (10) establish a reporting mechanism for alleged violation of the gender inclusion policy;
new text end

new text begin (11) provide professional development for school employees to ensure that staff
understands their responsibilities under the gender inclusion policy; and
new text end

new text begin (12) include information on the Minnesota Human Rights Act, chapter 363A, and the
role of the Department of Human Rights in investigating complaints of discrimination.
new text end

new text begin (b) The policy must be conspicuously posted throughout each school building, distributed
to each district or school employee and independent contractor at the time of hiring or
contracting, and included in each school's student handbook on school policies.
new text end

new text begin Subd. 5. new text end

new text begin Relation to existing law. new text end

new text begin This section does not:
new text end

new text begin (1) establish any private right of action;
new text end

new text begin (2) limit rights currently available to an individual under other civil or criminal law,
including but not limited to chapter 363A; or
new text end

new text begin (3) interfere with a person's rights of religious expression and free speech and expression
under the First Amendment of the United States Constitution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2024-2025 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2022, section 128C.02, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Gender identity. new text end

new text begin The league must adopt league rules and regulations providing
students the opportunity to participate in extracurricular activities in a manner consistent
with their gender identity, including but not limited to athletic activities and competitions.
new text end