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.
Summary
SB 76, the “given name act,” would require employees of Kansas school districts and postsecondary educational institutions to use a student’s name and pronouns consistent with the student’s biological sex and birth certificate, unless the employee has written parental permission to do otherwise. The bill applies to minors and other unemancipated students under 18 who are enrolled in public schools or postsecondary educational institutions, and it also protects employees from adverse employment action for refusing to use a name or pronoun inconsistent with biological sex.
The bill further prohibits disciplinary action against students who decline to use another person’s preferred name or pronouns, and it creates a private right of action for anyone harmed by a violation. Available remedies include injunctive relief, monetary damages, reasonable attorney fees, and other appropriate relief. The measure is framed in the bill text as a free speech and academic freedom issue, and it would take effect upon publication in the statute book.
Impact
If enacted, SB 76 would add a new statutory requirement governing speech and conduct by school district and postsecondary institution employees when addressing students, and it would create enforceable rights and liabilities tied to pronoun and name usage. It would affect public schools and colleges, parents of minors, students under 18, and employees who could face civil suits if they use names or pronouns contrary to the bill’s requirements without parental consent. The bill would also shield employees and students from workplace or disciplinary consequences for refusing to use names or pronouns inconsistent with biological sex.
Sentiment
The available voting history suggests the bill was controversial but had enough support to advance in the Senate. An amendment was rejected on a close vote in the Committee of the Whole, indicating active debate over the bill’s details, and the bill then passed final action as amended. The bill’s framing around free speech, parental permission, and biological sex suggests support from lawmakers prioritizing those themes, while the narrow and contested votes indicate substantial opposition from members concerned about student rights, gender identity, and institutional enforcement.
Contention
The main point of contention is the bill’s requirement that school and college employees use names and pronouns aligned with a student’s biological sex and birth certificate unless a parent gives written permission. Supporters appear to view this as a free speech, parental rights, and academic freedom measure, while opponents are likely to object that it targets transgender and gender-nonconforming students, restricts respectful classroom practices, and exposes educators and institutions to litigation. The private cause of action, damages, and attorney-fee provisions also raise the stakes by allowing civil enforcement rather than relying only on internal school discipline.