A new measure was introduced to Kansas lawmakers on January 27, 2024, requiring staff members at school districts and higher educational institutions throughout the state to use students’ names and pronouns exactly as they appear on their birth certificates.
The Committee on Education submitted Senate Bill 76, which would require all staff members at educational establishments to refer to pupils by the names and pronouns that match the student’s biological sex as shown on their birth certificate.
The Given Name Act, which attempts to guarantee that workers’ rights to freedom of speech and expression are not violated while they are at work, is expanded by this measure.
The proposed bill states that, absent written consent from the student’s parents, staff members at schools and other educational institutions would not be allowed to refer to students by any name, title, or pronoun that differs from the biological sex or given name on the student’s birth certificate.
This clause aims to prevent misunderstandings or disputes regarding gender identification in the classroom and highlights the need of following the information listed on a student’s official documents.
Additionally, the measure guarantees that workers who adhere to this policy won’t be let go or demoted as a result.
Additionally, it states that students who refuse to use names that differ from those on their birth certificates to address other pupils should not face consequences or disciplinary action.
Essentially, it aims to shield teachers and students from possible repercussions for using names and pronouns in the classroom.
This bill follows a significant court decision in 2022 in which a Fort Riley Middle School teacher successfully sued the district and received a payout of about $100,000.
For referring to a kid by their legal and enrolled name instead of their “preferred name,” the teacher received a reprimand and suspension.
This case highlighted the tension between the rights of individuals to approach pupils in compliance with legal documents and the policies of a school district about student communication.
Senate Bill 76’s introduction is part of a nationwide discussion about people’s rights to refer to students by the names and pronouns they choose versus the rules that districts and schools may impose, frequently based on data from birth certificates or other official documents.
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The law highlights the ongoing debates surrounding gender identity, inclusion, and the responsibility of schools in negotiating these delicate problems, even as it works to defend employees’ constitutionally guaranteed freedom of expression.
More discussion on how educational institutions and schools strike a balance between students’ rights to express their gender identity and the laws governing official recognition is anticipated as the bill moves through the legislative process.
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As they debate and assess this proposed legislation, Kansas lawmakers and educators will need to take into account the possible effects on students, instructors, and the larger educational community.
