SB 3023: DOE; Public Schools; Preferred Names

A BILL FOR AN ACT

RELATING TO PREFERRED NAMES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the use of a transgender or non-binary individual's name assigned at birth, rather than their chosen name, without their consent, is often referred to as "deadnaming".  Failing to use a student's preferred name on student records and in campus settings can undermine the emotional well-being of transgender, indigenous, minority, and other children, leading to bullying, discrimination, violence, and loss of educational and economic opportunities.

     The legislature further finds that deadnaming in educational settings is a common practice.  Yet, research has found that using students' chosen and preferred names is associated with improved mental health outcomes.  For example, a 2018 study published in the Journal of Adolescent Health found that using transgender youths' preferred names in more contexts was associated with lower rates of depression, suicidal ideation, and suicidal behavior, and that the odds of each were lowest when preferred names were used in more contexts.

     The legislature notes that the university of Hawaii has already adopted a system by which any student may use a preferred name to foster an inclusive and supportive campus environment.  Accordingly, the purpose of this Act is to require the department of education to implement a process to allow students to use preferred names to strengthen inclusivity in public schools.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-    Preferred name for students.  (a)  The department shall implement a system by which current or former students can declare a preferred name to be used in their records where legal names are not required by law.

     (b)  Upon the request of an individual, the department shall update any records for current or former students to include the preferred name.  The records shall be updated to include the following:

     (1)  School-issued email addresses;

     (2)  Campus identification cards;

     (3)  Class rosters;

     (4)  Transcripts; and

     (5)  Diplomas, certificates of completion of courses, or other similar records.

     (c)  The department shall not charge a fee for correcting, updating, or reissuing a document or record based on the declaration of a preferred name.

     (d)  Commencing with the 2026–2027 graduating class, the department shall provide an option for a graduating student to request that the diploma to be conferred by the department list the student's preferred name; provided that the department shall not require a graduating student to provide legal documentation to demonstrate a legal name in order to have the student's preferred name listed on the student's diploma."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DOE; Public Schools; Preferred Names

Description:

Requires the Department of Education to implement a process to allow students to use preferred names to strengthen inclusivity in public schools.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.