Use of a student's chosen name - definitions

(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.