HB354 Alabama 2023 Session

Summary

Primary Sponsor

Mack N. ButlerRepresentative

Republican

Session

Regular Session 2023

Title

Relating to education; to amend Section 2 of Act 2022-290, now appearing as Section 16-40A-5, Code of Alabama 1975; to prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools at certain grade levels and in any grade level in a manner that is not age or developmentally appropriate; to require parents to be notified if there is a change in services or monitoring relating to his or her child's mental, emotional, or physical health; to require parents to be notified of health care services available to students and to allow a parent to opt his or her child out; to require parental consent for certain health care screenings or questionnaires for K-12 students; to provide parents with procedures to express their concern with a local board of education's compliance with certain policies; and to provide a remedy in certain situations.

Summary

HB354 would limit certain classroom discussions on gender identity and sexual orientation, strengthen parental notification and consent requirements for student health services, and create a formal process for parents to challenge school decisions.

What This Bill Does

It prohibits classroom instruction or discussions about gender identity or sexual orientation for students in kindergarten through eighth grade, or in any grade if not age-appropriate. It requires the State Board to create procedures to notify parents when a student’s health-related services or monitoring change, and prevents local boards from opposing these procedures. It also requires annual notification to parents about health care services and gives parents an option to opt out, along with parental consent requirements for health screenings or questionnaires, and a formal dispute process with possible magistrate involvement and legal action to enforce compliance.

Who It Affects

• Public K-12 students: face restrictions on gender identity/sexual orientation instruction and are affected by health service notifications and consent requirements.
• Parents/guardians: gain enhanced notification rights, opt-out options for health services, consent requirements for screenings, and access to a formal process to raise concerns and seek remedies, including potential legal action.

Key Provisions

• Prohibits classroom instruction or discussion about sexual orientation or gender identity for students in kindergarten through eighth grade or in any grade if not age-appropriate per state standards.
• State Board of Education must adopt procedures to notify parents if there is a change in a student’s health-related services or monitoring, and local boards cannot adopt policies contradicting this.
• Local boards must, at the start of each school year, notify parents about health care services available to students and allow parents to opt out of any service; parental access to health/education records remains.
• Before administering health screenings or well-being questionnaires to K-12 students, local boards must obtain parental permission for the questionnaire or screening.
• Local boards must adopt procedures for parents to notify the principal of concerns and to resolve those concerns within seven days; unresolved concerns must be addressed within 30 days with a stated reason if not resolved.
• If unresolved, a parent may request the State Superintendent of Education appoint a special magistrate to recommend a resolution; the State Board must approve or reject the magistrate’s recommendation within a defined timeframe; costs are borne by the school district.
• Parents may sue the local board for declaratory judgment and seek injunctive relief; damages and reasonable attorney fees may be awarded.
• Amends Section 16-40A-5(a) to prohibit gender identity or sexual orientation instruction for K-8 or any grade in a manner not age-appropriate per state standards.
• State Board will adopt rules to implement and enforce these provisions.
• The act becomes effective on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.