ions. (1) As used in this section, unless the context otherwise requires:
- (a) Chosen name means any name that a student requests to be known as that differs from the student's legal name, to reflect the student's gender identity.
- (b) Gender identity means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth.
- (c) Local education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
- (d) Public school means an elementary school, middle school, junior high school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve.
- (2) A public school employee, educator, and contractor as defined in section 22-1-143 shall address a student by the student's chosen name and use the student's chosen name in school and during extracurricular activities.
- (3) Unless done at a student's request, knowingly or intentionally using a name other than the student's chosen name or the knowing or intentional avoidance or refusal to use a student's chosen name is discriminatory.
- (4) A student who is subject to discrimination pursuant to subsection (3) of this section may file a report with the public school in accordance with the requirements of section 22-1-143 (2) or file a complaint under the public school's or local education provider's policy adopted pursuant to Title IX of the federal Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq., as amended.
- (5) A local education provider shall implement a written policy outlining how the local education provider will honor a student's request to use a chosen name and may include a process for including a student's chosen name on school records. A written policy adopted pursuant to this subsection (5) must comply with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and section 22-1-123.
Source: L. 2024: Entire section added, (HB 24-1039), ch. 127, p. 424, § 1, effective April 29.