HOUSE BILL 501

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Rebecca Dow and Alan T. Martinez and Jonathan A. Henry

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SCHOOL PERSONNEL; ENACTING A NEW SECTION OF THE SCHOOL PERSONNEL ACT TO REQUIRE SCHOOL EMPLOYEES TO REPORT TO A SCHOOL ADMINISTRATOR IF A STUDENT IS EXPERIENCING GENDER INCONGRUENCE AT SCHOOL AND REQUIRING NOTIFICATION TO THE STUDENT'S PARENT; DEFINING TERMS; ALLOWING A PARENT TO GIVE DIRECTION AND PERMISSION FOR THE DEVELOPMENT AND IMPLEMENTATION OF A RESPONSE PLAN.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] STUDENTS EXPERIENCING GENDER INCONGRUENCE--PARENTAL NOTIFICATION--RESPONSE PLANS.--

          A. As used in this section, "gender incongruence" means a difference between a person's biological sex and the person's perceived or desired sex or gender.

          B. A school employee shall immediately report to a school administrator if a student:

                (1) expresses to the school employee that the student is experiencing gender incongruence; or

                (2) requests that the school employee participate in:

                     (a) social affirmation of the student's gender incongruence; or

                     (b) the student's transition to a sex or gender different from the student's biological sex while at school.

          C. If a school administrator receives a report pursuant to Subsection B of this section or otherwise possesses information regarding a student's gender incongruence, the school administrator or the administrator's designee shall notify the student's parent.

          D. When a school administrator or the administrator's designee notifies a parent about a student's gender incongruence, the administrator shall request the parent's direction and permission to develop and implement a response plan to address the student's gender incongruence, which shall be in writing and signed by the parent. A response plan shall include a provision for parental participation to the extent participation is requested by the parent. A response plan may provide for services and supports, including counseling for the student."

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