MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Education

By: Senator(s) McMahan

Senate Bill 2532

AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, AND ALL PUBLIC SCHOOL DISTRICTS IN MISSISSIPPI, TO TEACH, PROMOTE AND DISTRIBUTE INFORMATION THAT THERE ARE TWO GENDERS, MALE AND FEMALE, AS DETERMINED BY AN INDIVIDUAL'S CHROMOSOMES; TO REQUIRE THE DEPARTMENT TO SUBMIT ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE CONTAINING INFORMATION ON ITS COMPLIANCE WITH THIS ACT AND THE COMPLIANCE OF EACH SCHOOL DISTRICT; TO PROVIDE FOR THE PRIVATE ENFORCEMENT OF THIS ACT; TO PROVIDE FOR ENFORCEMENT OF THIS ACT BY THE MISSISSIPPI ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The State Department of Education, and all public school districts in Mississippi, shall teach, promote and distribute information based on the scientific policy that there are two (2) genders, male and female.  A male has a chromosome of XY, and a female has a chromosome of XX.  The Department of Education, and all public school districts, shall recognize and establish policies that biological gender shall be based on the chromosomal makeup of an individual.

     (2)  By July 1, 2026, and annually by July 1 thereafter, the State Department of Education shall provide a report and documentation to the Governor, the Lieutenant Governor and the Speaker of the Mississippi House of Representatives regarding its compliance with this section, and including information on the compliance of each public school district.  The department shall promulgate rules to require school districts to submit annual reports to the department by such date as may be necessary to allow the department to compile its report in a timely manner.

     (3)  (a)  A person may assert a violation of this section as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief or any other appropriate relief.  Such claim may be brought against any applicable governmental entity which caused or contributed to a violation of this section.

          (b)  Any person under eighteen (18) years of age may bring an action at any time to assert a violation of this section through a parent or next friend and may bring an action in his or her own name upon reaching the age of eighteen (18) years.

          (c)  An action under this act may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

          (d)  In any action or proceeding to enforce a provision of this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney's fees.

     (4)  (a)  The Attorney General shall bring an action to enforce compliance with this section.

          (b)  This section shall not be construed to deny, impair or otherwise affect any right or authority of the Attorney General, the State of Mississippi, or any agency, officer or employee of the state, acting under any law other than this section, to institute or intervene in any proceeding.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2025.